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Digges v. Knowledge Alliance

Court of Appeals of Texas, First District, Houston
Nov 18, 2004
176 S.W.3d 463 (Tex. App. 2004)

Summary

holding that interlocutory order denying motion to reconsider is not independently appealable

Summary of this case from Morris v. Wells Fargo Bank

Opinion

No. 01-04-00710-CV.

November 18, 2004.

Appeal from the 151st District Court, Harris County, Caroline E. Baker, J.

Bruce Cameron Kaye, Dallas, TX, for Appellant.

Richard G. Wilson, McFall, Sherwood, Breitbeil, P.C., Houston, TX, for Appellee.

Panel consists of Justices TAFT, KEYES, and BLAND.


OPINION ON REHEARING


Appellants have filed an "Amended Motion to Vacate Order," which we treat as a motion for rehearing. We deny the motion, but withdraw our August 26, 2004 opinion and judgment and substitute the following opinion and a new judgment in their places.

This appeal arises from the trial court's granting of defendants'/appellees' special appearance. An order granting a special appearance is an interlocutory, appealable order. TEX. CIV. PRAC. REM. CODE ANN. § 51.014(a)(7) (Vernon Supp. 2004-2005). Such appeals are accelerated. See TEX.R.APP. P. 28.1. A notice of appeal in an accelerated appeal must be filed within 20 days after the interlocutory order is signed. TEX.R.APP. P. 26.1(b). Here the trial court signed the interlocutory order granting the special appearance on March 24, 2004. Thus, the notice of appeal would have been due to be filed by April 13, 2004, but instead it was filed on June 21, 2004 (69 days past the filing deadline). Appellate courts can extend the time for filing the notice of appeal if, within 15 days of the deadline, the appellants file a notice of appeal and a motion to extend time to file the notice of appeal complying with Texas Rule of Appellate Procedure 10.5(b). TEX.R.APP. P. 26.3 Here, no such motion was filed.

Appellants filed a motion for new trial on April 19, 2004. This did not operate to extend the time for filing their notice of appeal, however, because filing a motion for new trial does not extend the time to perfect an accelerated appeal from an interlocutory order. TEX.R.APP. P. 28.1.

In their notice of appeal, appellants assert they are filing an accelerated interlocutory appeal to challenge the trial court's denial of their "Motion to Reconsider Order Granting Defendant's Motion to Reconsider Denial of Special Appearance," filed on May 18, 2004. Such motions, however, are not independently appealable. See TEX. CIV. PRAC. REM. CODE ANN. § 51.014(a)(7) (Vernon 2004) (including only orders granting or denying special appearances as appealable interlocutory orders).

We dismiss appellants' appeal for want of jurisdiction.


Summaries of

Digges v. Knowledge Alliance

Court of Appeals of Texas, First District, Houston
Nov 18, 2004
176 S.W.3d 463 (Tex. App. 2004)

holding that interlocutory order denying motion to reconsider is not independently appealable

Summary of this case from Morris v. Wells Fargo Bank

holding that interlocutory order denying motion to reconsider is not independently appealable

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holding order on motion to reconsider denial of special appearance is not independently appealable

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concluding that a ruling on a motion to reconsider an order granting a special appearance was not independently appealable

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concluding that a ruling on a motion to reconsider an order granting a special appearance was not independently appealable

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concluding that a ruling on a motion to reconsider an order granting a special appearance was not independently appealable

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concluding motion to reconsider order granting special appearance not independently appealable

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ruling on motion to reconsider grant of special appearance was not independently appealable

Summary of this case from In re Perkins

stating court lacked jurisdiction over interlocutory appeal because motion to reconsider order granting special appearance is not "independently appealable"

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dismissing attempted appeal from trial court's denial of motion to reconsider

Summary of this case from Thompson v. Morrison Homes

dismissing appellants' appeal for want of jurisdiction for failing to timely file notice of appeal in accelerated appeal from interlocutory order

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Case details for

Digges v. Knowledge Alliance

Case Details

Full title:Marco DIGGES, Michael Ponzica, William Todd Rogers, and Donald Eric…

Court:Court of Appeals of Texas, First District, Houston

Date published: Nov 18, 2004

Citations

176 S.W.3d 463 (Tex. App. 2004)

Citing Cases

Zuniga v. Bastardo

Digges v. Knowledge All., Inc., 176 S.W.3d 463, 464 (Tex. App.-Houston [1st Dist.] 2004, no pet.);…

Wilson v. Coleman

First, an order denying a motion for new trial is not independently appealable. See Digges v. Knowledge…