Rachel Leal-Hudson v. Julie Ketterman

Summary

The Texas Court of Appeals for the First District considered Rachel Leal-Hudson’s challenge to a trial court judgment disqualifying her from election ballots and voiding votes cast for her. The court held that her appeal was timely and that the case became moot after the general election occurred and Leal-Hudson lost. It vacated the trial court’s judgment and dismissed the case for lack of jurisdiction.

Holdings

1. Leal-Hudson's notice of appeal was timely because her timely motion for new trial extended the deadline under Rule 26.1(a)(1) to 90 days after the judgment was signed. Rule 57.5 did not supersede Rule 26.1; instead, the two rules can be harmonized, with Rule 57.5 providing a safe harbor after dismissal of a direct appeal.
2. The appeal became moot because the general election occurred, the votes were counted, and Leal-Hudson lost, leaving the court unable to grant relief affecting the parties' rights or interests.
3. The court was required to vacate the trial court's judgment and dismiss the case for want of jurisdiction because the appeal became moot while appellate review was pending.

Questions Presented

1. Whether Leal-Hudson's May 4, 2022 notice of appeal was untimely under Texas Rules of Appellate Procedure 26.1 and 57.5.
2. Whether the appeal became moot after the November 8, 2022 general election occurred and Leal-Hudson lost.
3. Whether the court should vacate the trial court's judgment and dismiss the case for want of jurisdiction after the appeal became moot.

Disposition

vacated