Shameka Andrea Smith v. Aldine Independent School District
01-17-00700-CV
| Tex. App. | Nov 21, 2017Background
- Appellant Shameka Andrea Smith attempted to appeal a final judgment signed April 15, 2009, by filing a notice of appeal on September 9, 2017.
- Aldine Independent School District moved to dismiss for lack of jurisdiction, asserting the notice of appeal was untimely.
- Smith responded claiming she did not receive notice of the judgment and only learned of it in May 2016, and that medical issues prevented earlier filing.
- Texas rules allow extension of the appellate filing period when a party receives notice more than 20 days after signing, but require a sworn trial‑court motion and a written trial‑court finding establishing the date the party first received notice or actual knowledge.
- The record lacked the required sworn motion and the trial‑court written finding under Tex. R. Civ. P. 306a and Tex. R. App. P. 4.2.
- Even if the extension procedures had been satisfied, the latest possible start of the appeal period is 90 days after the judgment—so Smith’s notice filed eight years later was untimely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate court has jurisdiction because Smith lacked notice and filed within an extended period | Smith: she did not receive notice of the judgment until May 2016 and thus timely filed after learning | Aldine ISD: no timely notice of appeal; Smith failed to obtain the required trial‑court order extending the appeal period | Court: No jurisdiction—Smith did not follow 306a/4.2 procedures and no trial‑court finding exists |
| Whether, even if procedures were met, Smith’s appeal would be timely | Smith: (implicit) her late discovery + extension would make appeal timely | Aldine ISD: even with extension, the rules cap the deferment at 90 days from signing, so appeal remains untimely | Court: Still untimely—the maximum extension would have expired well before 2017 |
Key Cases Cited
- Lehmann v. Har–Con Corp., 39 S.W.3d 191 (Tex. 2001) (timely notice of appeal required to invoke appellate jurisdiction)
- Moore Landrey, L.L.P. v. Hirsch & Westheimer, P.C., 126 S.W.3d 536 (Tex. App.—Houston [1st Dist.] 2003, no pet.) (trial‑court written finding required to trigger 306a relief)
- Mem'l Hosp. v. Gillis, 741 S.W.2d 364 (Tex. 1987) (requirements of rule 306a are jurisdictional)
- Grondona v. Sutton, 991 S.W.2d 90 (Tex. App.—Austin 1998, pet. denied) (procedural compliance required for extension of appellate deadlines)
- Nedd–Johnson v. Wells Fargo Bank, N.A., 338 S.W.3d 612 (Tex. App.—Dallas 2010, no pet.) (appeal period begins on judgment date absent required 306a/4.2 findings)