Earl R. Joy v. City Development Corporation of El Campo, Texas

Summary

The Thirteenth Court of Appeals of Texas dismissed Earl R. Joy’s appeal for want of jurisdiction. The court held that Joy’s notice of appeal was untimely and that the alleged lack of notice of the severance order did not extend the applicable appellate deadlines.

Holdings

1. A notice of appeal must be filed within thirty days after the judgment or other appealable order is signed when no qualifying post-judgment motion or request has been timely filed. A notice filed outside both that thirty-day period and the fifteen-day grace period does not invoke appellate jurisdiction.
2. Delayed notice does not extend the appellate deadlines when more than ninety days have elapsed since the judgment or appealable order was signed. In addition, a party seeking the benefit of the delayed-notice provisions must comply with the procedures required by Rules 306a and 4.2.

Questions Presented

1. Whether the court of appeals had jurisdiction over an appeal filed more than thirty days after the signing of the appealable judgment or order and outside the fifteen-day extension period.
2. Whether the delayed-notice provisions of Texas Rule of Civil Procedure 306a(4) and Texas Rule of Appellate Procedure 4.2 extended the time to perfect the appeal.
3. Whether the appeal should be dismissed for want of jurisdiction.

Disposition

dismissed