Twenty Days Explained

July 29, 2013

On July 6, 2012, the trial court in this case signed an order denying the defendant’s special appearance.  The defendant then moved for reconsideration of that denial on August 9, which the trial court subsequently denied on September 24.  On October 15, the defendant appealed the second denial.  On appeal, the Court of Appeals concluded that it lacked jurisdiction to hear the appeal because, under the rules, the defendant’s notice of interlocutory appeal was due by July 26, or twenty days after the trial court denied the first special appearance. The Court explained that permitting appeals twenty days after a motion for reconsideration would essentially eliminate the twenty-day requirement.

Pahl v. Swaim