Rufina Reyes Yanez v. American General Life Insurance Company
04-15-00548-CV
| Tex. App. | Sep 16, 2015Background
- Appellant Rufina Reyes Yanez appeals from a May 13, 2015 summary judgment in favor of American General Life Insurance Co. that dismissed all claims with prejudice.
- Appellant’s Motion for New Trial was denied July 20, 2015.
- Appellant filed a Notice of Appeal on September 3, 2015, and sought a 15-day extension to file her brief.
- Rule 26.1(a) requires a notice of appeal within 90 days after judgment if a timely new trial motion was filed.
- Judgment signed May 13, 2015; deadlines would have expired August 11, 2015, without an extension.
- Appellee moves to dismiss the appeal for lack of jurisdiction due to untimely notice of appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the notice of appeal timely filed? | Yanez argues timely filing within extension. | American General contends untimely without proper extension. | No jurisdiction; untimely notice. |
| Can a late notice be cured by a motion for extension? | Extension could cure late filing. | Extension did not cure untimeliness under Rule 26.3. | No; extension cannot cure when final judgment deadlines lapse. |
Key Cases Cited
- In re K.A.F., 160 S.W.3d 923 (Tex. 2005) (timeliness requirement to invoke appellate jurisdiction; late notice fails)
- Ex parte Matthews, 452 S.W.3d 8 (Tex. App.—San Antonio 2014) (late notice without extension lacks appellate jurisdiction)