Penn Virginia Oil & Gas GP, LLC and Penn Virginia Oil & Gas L.P. v. Alfredo De La Garza, Individually and as Next Friend for I. D. L. G. and K. D. L. G., Minors, and John Paul Adame, Individually and A/N/F for C.A.A., J.P.A., Jr., and J.N.A.
01-15-00867-CV
| Tex. App. | Dec 22, 2015Background
- Penn Virginia appealed after the trial court denied its motion to compel arbitration and denied reconsideration; notice of appeal was filed 31 days after the order but the appeal deadline for accelerated appeals is 20 days.
- Penn Virginia filed a motion for extension explaining counsel mistakenly believed the deadline was 30 days; counsel verified the facts in the motion.
- Appellees Alfredo De La Garza and John Paul Adame opposed the extension and moved to dismiss the appeal as untimely and as an appeal of an unappealable order.
- Appellees pointed to counsel’s involvement in two prior arbitration-related appeals (one dismissed for late filing, one timely) to argue the mistake was unreasonable.
- The Court applied Texas precedent requiring a liberal but reasonable standard for excusing late filings based on inadvertence, mistake, or mischance.
- The Court concluded the asserted mistake about the deadline was a plausible, reasonable explanation and that the underlying order denying the motion to compel arbitration is appealable, so it denied dismissal and granted the extension.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Penn Virginia’s late notice of appeal should be excused | Counsel mistakenly believed the filing deadline was 30 days; this was inadvertence/mistake warranting extension | Counsel’s prior involvement in similar accelerated appeals shows mistake was unreasonable; ask to dismiss as untimely | Court held the explanation was a plausible mistake; applied liberal standard and granted extension (no dismissal) |
| Whether the appealed order is appealable | Penn Virginia appeals the denial of the motion to compel arbitration (an appealable interlocutory order) | Appellees argued Penn Virginia also listed the order denying reconsideration, which is not independently appealable, and thus appeal should be dismissed | Court held the denial of the motion to compel arbitration is appealable under federal arbitration appeal provisions and §51.016; jurisdiction exists, so dismissal denied |
Key Cases Cited
- Meshwert v. Meshwert, 549 S.W.2d 383 (Tex. 1977) (courts should liberally accept plausible explanations showing failure to file was inadvertent or mistaken)
- Garcia v. Kastner Farms, Inc., 774 S.W.2d 668 (Tex. 1989) (reasonable explanation may include counsel negligence or professional mistakes)
- Digges v. Knowledge Alliance, Inc., 176 S.W.3d 463 (Tex. App.—Houston [1st Dist.] 2004) (order denying motion to reconsider denial of motion to compel arbitration is not independently appealable)