Hari Prasad Kalakonda and Latha Kalakonda v. Aspri Investments, LLC

Summary

The Fourth Court of Appeals of Texas ordered Hari Prasad Kalakonda and Latha Kalakonda to show cause why their interlocutory appeal should not be dismissed for lack of jurisdiction. The court concluded that the notice of appeal from an order denying dissolution of a temporary injunction appeared to have been filed after the applicable deadline and the fifteen-day extension period.

Holdings

1. In an accelerated appeal, the notice of appeal is due within twenty days after the appealable order is signed, and a motion for extension may be granted only when the notice and extension request are filed within the subsequent fifteen-day grace period.
2. A timely notice of appeal is required to invoke the jurisdiction of the court of appeals; after the applicable grace period expires, the court lacks jurisdiction to entertain the appeal.

Questions Presented

1. Whether the court of appeals had jurisdiction over an accelerated interlocutory appeal when the notice of appeal and any implied motion for extension were filed after the applicable deadlines.
2. Whether the appeal should be dismissed for lack of jurisdiction or whether appellants should first be ordered to show cause.

Disposition

other