Brenda Parramore Davis v. US Bank National Association, as Trustee for SASCO Mortgage Loan Trust 2005-RF3

Summary

The Texas Second Court of Appeals dismissed Brenda Parramore Davis’s appeal for want of jurisdiction because her notice of appeal was filed after the applicable deadline. The court also dismissed her emergency motion to stay the writ of possession for lack of jurisdiction.

Holdings

1. A notice of appeal filed after the applicable deadline, absent a post-judgment motion extending that deadline, does not invoke the court of appeals' jurisdiction; the appeal must be dismissed for want of jurisdiction.
2. The court lacked jurisdiction to consider and dismissed the emergency motion to stay the writ of possession.

Questions Presented

1. Whether the court of appeals had jurisdiction when the notice of appeal was filed after the applicable appellate deadline.
2. Whether the court could consider Davis's emergency motion to stay a writ of possession despite the lack of appellate jurisdiction.

Disposition

dismissed