Ravinder K. Jain v. Cambridge Petroleum Group, Inc.
2013 Tex. App. LEXIS 2088
| Tex. App. | 2013Background
- Jain appeals denial of motion to dismiss under Texas Citizens Participation Act (chapter 27).
- Trial court held a hearing on Feb. 2, 2012; no ruling within 30 days, thus denial by operation of law on Mar. 5, 2012.
- Notice of appeal filed May 21, 2012; order denying motion signed May 17, 2012 (after denial by operation of law).
- Appellee Cambridge Petroleum Group, Inc. challenges appellate jurisdiction due to untimely notice of appeal.
- Texas appellate rule framework requires timely filing within 60 days after the denial by operation of law or after the signed order, whichever is applicable; appellate court concludes timing invalid.
- Court vacates prior judgment and dismisses for want of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is timely under §27.008(c). | Jain argues timely since within 60 days of court order. | Cambridge contends untimely because 60 days elapsed after denial by operation of law. | No jurisdiction; untimely notice of appeal. |
| Whether the signed May 17, 2012 order affects timing despite denial by operation of law. | Not explicitly addressed as timely. | Order signed after denial by operation of law has no effect. | Order is of no effect; timing controlled by denial by operation of law. |
Key Cases Cited
- Small v. Specialty Contractors, Inc., 310 S.W.3d 639 (Tex. App.—Dallas 2010) (jurisdictional limits for interlocutory appeals, timing rules)
- Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001) (interlocutory appeal framework; final judgments generally required)
- CMH Homes v. Perez, 340 S.W.3d 444 (Tex. 2011) (strictly construed interlocutory appeal statutes)
- University of Texas at Dallas v. Kosoglu, 233 S.W.3d 835 (Tex. 2007) (interlocutory appeal authorizations and timelines)
- Jennings v. WallBuilder Presentations, Inc., 378 S.W.3d 519 (Tex. App.—Fort Worth 2012) (addressed whether chapter 27 provides interlocutory appeal from timely ruling)
- Verburgt v. Dorner, 959 S.W.2d 615 (Tex. 1997) (extension concepts for appeal deadlines in some contexts)