[Download] "Kidd v. Paxton" by In the Court of Appeals Fifth District of Texas at Dallas # Book PDF Kindle ePub Free
eBook details
- Title: Kidd v. Paxton
- Author : In the Court of Appeals Fifth District of Texas at Dallas
- Release Date : January 26, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
We dismissed this cause by opinion and judgment dated June 9, 1999. The Kidds had filed their notice of appeal 14 days after the deadline prescribed by Texas Rule of Appellate Procedure 26.1(a) and on the last day before expiration of the period in which an extension could be sought. See Tex. R. App. P. 26.3 (stating that one can move to extend the time to perfect appeal if he acts within 15 days after expiration of the deadline for filing the notice). Despite filing the notice, they did not attempt to reasonably explain the need for an extension, as required by Rules of Appellate Procedure 10.5(b)(1)(C) and 26.3(b). That is, the Kidds were obligated to reasonably explain why their appeal was not timely perfected. Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Miller v. Greenpark Surgery Center Assocs., Ltd., 974 S.W.2d 805, 807-808 (Tex. App.--Houston [14th Dist.] 1998, no writ) (requiring same). Nor did they attempt to do so after Micah Paxton d/b/a Paxton Construction Co. (Paxton) moved to dismiss the appeal for want of jurisdiction. Rather, the court heard nothing from them until it had dismissed the proceeding and received their motion for rehearing (which motion was filed on the last day of the 15 day grace period). Through the motion, the Kidds informed us that the notice was untimely because counsel 1) "misunderst[ood] . . . the law" by "erroneously calculat[ing] the perfection deadline by adding 30 days to the date the trial court overruled the Motion for New Trial," and 2) was preoccupied by other work. Why appellants did not respond to the motion to dismiss went unaddressed, however.
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