Ammonite Oil & Gas Corporation v. Railroad Commission of Texas

Summary

The Texas Fourth Court of Appeals ordered Ammonite Oil & Gas Corporation to show cause why its appeal should not be dismissed for lack of jurisdiction. The court concluded that the notice of appeal was filed after the applicable deadline and that the period for seeking an extension had expired.

Holdings

1. Once the period for obtaining an extension of time to file a notice of appeal under Texas Rule of Appellate Procedure 26.3 has expired, a party can no longer invoke the appellate court's jurisdiction by filing a notice of appeal.
2. When the notice of appeal appears untimely and the extension period has expired, the court may order the appellant to show cause why the appeal should not be dismissed for lack of jurisdiction.

Questions Presented

1. Whether the court of appeals had jurisdiction when appellant filed its notice of appeal after the deadline prescribed by Texas Rule of Appellate Procedure 26.1(a) and after the period for seeking an extension under Rule 26.3 had expired.
2. Whether appellant should be required to show cause why the appeal should not be dismissed for lack of jurisdiction.

Disposition

other