600 Commerce
Commercial Litigation
in the Dallas Court
of Appeals

Whew! Timely appeal.

November 5, 2018

This sequence of events led to a timely appeal, if barely:

  • Trial court entered judgment on July 19, 2017;
  • Appellant timely filed a motion for new trial on August 18, 2017, making the notice of appeal due by October 17;
  • Appellant filed a notice of appeal on November 1, 15 days late but within the TRAP 26.3 “grace period”;
  • Appellant filed a TRAP 26.3(b) motion to extend the deadline on November 3.

The Fifth Court reasoned that the filing of the notice fell within a line of cases treating various filings as “implied . . . motion[s] for an extension of time,” and granted leave to file the notice. Jeanes v. Dallas County, No. 05-17-01269-CV (Oct. 31, 2018) (mem. op.)