Marcus J. Thirstrup v. Matthew Twombly

Summary

The Ninth Court of Appeals of Texas affirmed a county court judgment granting possession to the landlord in a forcible-detainer appeal. The court held that the tenant’s notice of appeal was timely under the applicable appellate rules and that the trial court did not abuse its discretion by denying an emergency motion for continuance filed shortly before trial. The court also held that the tenant failed to preserve his due-process challenge to the trial court’s continuance procedures.

Holdings

1. The notice of appeal was timely and properly invoked the court of appeals' jurisdiction because it was filed within the fifteen-day period permitted by Texas Rule of Appellate Procedure 26.3, and an extension motion was necessarily implied despite the absence of a separate compliant motion.
2. The trial court did not abuse its discretion by denying Thirstrup's emergency motion for continuance.
3. Thirstrup's due process challenge was not preserved because he did not raise it in the trial court and obtain a ruling on that issue.

Questions Presented

1. Whether the notice of appeal was timely and properly invoked the appellate court's jurisdiction.
2. Whether the trial court clearly abused its discretion by denying Thirstrup's emergency motion for a continuance.
3. Whether the trial court's docket-control-order requirements for continuance motions violated Thirstrup's due process rights, and whether that complaint was preserved for appellate review.

Disposition

affirmed