Donald Baker v. City of Austin
03-24-00356-CV
Tex. App.Aug 27, 2024Background
- Donald Baker appealed a trial court order dismissing his case for want of prosecution against the City of Austin.
- The dismissal order was signed by the trial court on March 4, 2024.
- Baker timely filed a verified motion to reinstate the case on April 3, 2024 (within 30 days of dismissal).
- The trial court reinstated the case by order dated May 21, 2024, before its plenary jurisdiction expired.
- The Third Court of Appeals’ jurisdiction is limited to final judgments or certain interlocutory orders specified by statute.
- With the trial court’s reinstatement, there was no final appealable order for the appellate court to review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appellate jurisdiction post-reinstatement | Appeal allowed after dismissal | Reinstatement removes finality | Dismissed: no final judgment |
| Validity of post-dismissal reinstatement | Timely motion supports reinstatement | Reinstatement within jurisdiction | Reinstatement valid |
| Timing of court's plenary power | Motion tolled jurisdiction | Jurisdiction ended after 30 days w/o motion | Court acted within plenary power |
| Finality of judgments for appeal purposes | Dismissal order is final | Reinstatement negates finality | Dismissal order not final |
Key Cases Cited
- Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (judgment is final for appeal if it disposes of all parties and claims)
- Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559 (Tex. 2005) (order reinstating case "wipes the slate clean")
- Walker v. Harrison, 597 S.W.2d 913 (Tex. 1980) (order reinstating must be signed within plenary jurisdiction)
- McConnell v. May, 800 S.W.2d 194 (Tex. 1990) (plenary jurisdiction issues post-dismissal)