FJR Sand, Inc. v. Essex Insurance Company
01-16-00441-CV
| Tex. App. | Dec 6, 2016Background
- Appellant FJR Sand, Inc. seeks a restricted appeal from a final default judgment signed November 10, 2015.
- The appeal is in the First District of Texas Court of Appeals from Harris County trial court No. 1062004.
- Under Rule 26.1, a restricted appeal notice generally must be filed within six months after the judgment is signed.
- Appellant filed its notice of appeal on May 27, 2016, outside the six-month window and beyond any proper extensions.
- Appellee Essex Insurance Company contested jurisdiction, and the court issued a notification demanding jurisdictional showing by September 22, 2016.
- Appellant did not provide an adequate jurisdictional response, and the court dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the restricted appeal timely and jurisdiction proper? | FJR Sand argues timely filing within extension period. | Essex Insurance argues untimely notice and no valid extension. | No; appeal dismissed for lack of jurisdiction. |
Key Cases Cited
- Roventini v. Ocular Scis., Inc., 111 S.W.3d 719 (Tex. App.—Houston [1st Dist.] 2003) (elements of restricted appeal and timely filing requirements)
- Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997) (motion for extension implied when filed timely within extension period)
- Wray v. Papp, 434 S.W.3d 297 (Tex. App.—San Antonio 2014) (extension of time to file restricted appeal discussed)
- Clopton v. Pak, 66 S.W.3d 513 (Tex. App.—Fort Worth 2001) (deadline calculations for notice of appeal; 4.1(a) rule considerations)
- Naaman v. Grider, 126 S.W.3d 73 (Tex. 2003) (improper extension process and jurisdictional limits for notices of appeal)