Tara S. Brighton F/K/A Sybil B. Koss v. Gregory Koss
415 S.W.3d 864
Tex.2013Background
- This is a Texas Supreme Court case about postjudgment motions and appellate deadlines in a divorce proceeding.
- Original decree of divorce signed Oct 18, 2010; Brighton filed a Motion to Modify, Correct, or Reform Judgment 30 days later.
- A second judgment, titled Nunc Pro Tunc Final Decree of Divorce, was signed on Dec 22, 2010.
- Brighton filed an indigence affidavit Jan 13, 2011 and a notice of appeal Mar 7, 2011; Koss’s appeal remained pending.
- Brighton filed a second notice of appeal after a court reporter’s indigence contest; the court consolidated and later dismissed as untimely.
- The Texas Supreme Court held that the motion to modify extended the appellate timetable after the second judgment, making the appeal timely and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Brighton's motion to modify extend deadlines after the second judgment? | Brighton | Koss | Yes, the motion extended. |
| Did the second judgment restart the appellate timetable under Rule 329b(g) or (h)? | Brighton | Koss | Yes, it restarted. |
| Did the court of appeals err in dismissing as untimely? | Brighton | Koss | Yes, reversal and remand. |
Key Cases Cited
- Wilkins v. Methodist Health Care Sys., 160 S.W.3d 559 (Tex. 2005) (subsumed by later judgment; does not extend deadlines when relief is full)
- Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664 (Tex. 2011) (prematurely filed postjudgment motions treated as filed after judgment)
- Lane Bank Equip. Co. v. Smith S. Equip., Inc., 10 S.W.3d 308 (Tex. 2000) (timely postjudgment motion seeking substantive change extends timetable)
- Check v. Mitchell, 758 S.W.2d 755 (Tex. 1998) (extension of appellate deadlines when timely postjudgment motion filed)
- Gomez v. Tex. Dep’t of Criminal Justice, Inst’l Div., 896 S.W.2d 176 (Tex. 1995) (premature motions treated as filed after judgment)
- Fredonia State Bank v. General American Life Insurance Co., 881 S.W.2d 279 (Tex. 1994) (no refile required when judgment replaced but error not corrected)
- Check v. Mitchell, 758 S.W.2d 755 (Tex. 1998) (per curiam treatment of postjudgment motions)