Johnny E. Webb, III v. Alex Rodriguez
06-14-00102-CV
Tex. App.Mar 19, 2015Background
- Appellant Johnny E. Webb filed a notice of appeal stating he appealed the trial court's November 12, 2014 order denying his motion for reconsideration and to modify judgment (the "November 12 Order").
- The Sixth Court of Appeals notified appellant of a potential jurisdictional defect, questioning whether the November 12 Order was appealable and noting the record also contained a September 23, 2014 order transferring venue or dismissing (the "September 23 Order").
- Appellant responded that his motion for reconsideration extended his deadline and that his notice of appeal was timely, but did not explain how the November 12 Order was independently appealable or assert he intended to appeal the September 23 Order.
- Appellant's appellate brief argued only that the trial court erred in issuing the September 23 Order, not the November 12 Order identified in his notice of appeal.
- Appellees moved to dismiss for lack of jurisdiction, arguing (1) an order denying reconsideration is not independently appealable, and (2) appellant failed to perfect an appeal of the September 23 Order because it was not identified in the notice of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the November 12, 2014 order denying reconsideration is appealable | Webb: his motion tolled/extended the appeal deadline, making the notice timely | Appellees: an order denying a motion for reconsideration is not independently appealable | Court: November 12 Order is not appealable; no jurisdiction over an appeal of that order |
| Whether the court has jurisdiction to review the September 23, 2014 venue/transfer order when the notice of appeal did not identify it | Webb: brief raises error in September 23 Order and notice was timely per his tolling argument | Appellees: notice of appeal did not identify September 23 Order; appellant failed to invoke jurisdiction | Court: No jurisdiction to consider issues not identified in the notice of appeal; appeal dismissed |
Key Cases Cited
- State Office of Risk Mgmt. v. Berdan, 335 S.W.3d 421 (Tex. App.-Corpus Christi 2011) (court lacked jurisdiction to consider appeal of order denying motion to reconsider and motion for new trial)
- Daftary v. Prestonwood Market Square, Ltd., 399 S.W.3d 708 (Tex. App.-Dallas 2013) (notice of appeal that did not identify a severance order failed to invoke appellate jurisdiction over that order)