law-notice of appeal | due date for notice of appeal | appellate deadline | extension of deadline to
file notice of appeal |
CASELAW SNIPPETS
A notice of appeal must be filed within thirty days of the date of judgment if no motion for
new trial is filed or within ninety days of the date of judgment if a motion for new trial is filed.
See Tex. R. App. P. 26.1.
CASES FROM THE TEXAS SUPREME COURT
Ryland Enterprise, Inc. v. Weatherspoon, No. 11-0189 (Tex. Dec. 16, 2011)(per curiam)
(appellate procedure, timeliness of appeal, extension of deadline to file notice of appeal)
In this case we must decide whether the court of appeals erred in dismissing Ryland Enterprise, Inc.’
s appeal as untimely. Because an arguable interpretation of our procedural rules allowed Ryland’s
premature, pre-judgment motion for judgment notwithstanding the verdict (JNOV motion) to extend
the appellate timetable to ninety days, the court of appeals erred in dismissing the appeal.
Accordingly, pursuant to Texas Rule of Appellate Procedure 59.1 without hearing oral argument, we
reverse the court of appeals’ judgment and remand the case to that court.
On the facts of this case, an arguable interpretation of appellate rules 26.1(a) and 27.2 and civil
rules 329b and 306c allowed Ryland’s motion, though filed pre-judgment, to nevertheless extend
the appellate timetable to ninety days. Ryland’s sixty-fifth-day notice of appeal was therefore timely,
and the court of appeals erred in dismissing the appeal. Pursuant to Texas Rule of Appellate
Procedure 59.1, we reverse the court of appeals’ judgment without hearing oral argument and
remand to that court for consideration of Ryland’s appeal.
RYLAND ENTERPRISE, INC. v. VICKIE WEATHERSPOON; from Harris County; 1st district (01-10-00715-CV, ___
SW3d ___, 01-27-11)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral
argument, the Court reverses the court of appeals' judgment and remands the case to that court.
Per Curiam Opinion
Link to Electronic Briefs in this case: 11-0189 RYLAND ENTERPRISE, INC. v. WEATHERSPOON
Sweed v. Nye, No. 09-0465 (Tex. Oct. 22, 2010)(per curiam)(defective notice of appeal held
sufficient to invoke appellate jurisdiction; curable by amendment after deadline)
JAMES LEE SWEED v. JAY L. NYE ET AL.; from El Paso County; 8th district (08-07-00132-CV, ___
SW3d ___, 04-09-09)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and
without hearing oral argument, the Court reverses the court of appeals' judgment and remands the
case to that court.
Per Curiam Opinion [pdf]
View Electronic Briefs in 09-0465 SWEED v. NYE
CASES FROM TEXAS APPEALS COURTS
Also see:
Texas Causes of Action and Defenses | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams |
Texas Caselaw Topics Pages | Texas Opinions Homepage |