Richard A. Kiesling, Kimberly D. Kiesling, Bobby R. Kiesling, Betty A. Kiesling, Donald W. Kiesling, and Kathy A. Kiesling v. McCoy Corporation

Summary

The Texas Court of Appeals, Third District, dismissed the Kieslings’ appeal for want of jurisdiction because their motion for new trial and notice of appeal were filed after the applicable deadlines. The court granted McCoy Corporation’s motion to dismiss and concluded that the appellate timetable could not be extended.

Holdings

1. An untimely motion for new trial does not extend the deadline for filing a notice of appeal or extend the trial court's plenary power.
2. The appellate court could not extend the filing deadline because the Kieslings filed their notice of appeal after the fifteen-day grace period had expired.

Questions Presented

1. Whether the Kieslings' untimely motion for new trial extended the deadline for filing their notice of appeal.
2. Whether the appellate court had authority to extend the notice-of-appeal deadline when the notice was filed after the fifteen-day grace period.

Disposition

dismissed