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Cody Texas, L.P. v. BPL Exploration, LTD.
Citation: Not availableDocket: 04-14-00087-CV
Court: Court of Appeals of Texas; March 27, 2014; Texas; State Appellate Court
Original Court Document: View Document
Cody Texas, L.P. filed a notice of appeal on January 2, 2014, contesting a final judgment signed by the trial court on October 9, 2013. The appeal raises questions regarding the jurisdiction of the Fourth Court of Appeals over the case, which originated in 2005 and was tried in February 2009. The trial court had issued a "Final Judgment" on May 31, 2013, stating it resolved all parties and claims. On the same day, Cody Texas requested additional findings and objected to the proposed judgment. The trial court did not act further until September 26, 2013, when it approved a motion to substitute counsel. Following the issuance of the October judgment, Cody Texas filed a motion for a new trial. Under Texas rules, a final judgment is appealable if it disposes of all parties and issues. The trial court retains plenary power to alter the judgment for thirty days post-judgment, extendable if timely motions are filed. The May 31, 2013 judgment appeared to be final; however, Cody Texas's objections could be considered a motion to modify, which would extend the trial court’s plenary power until thirty days after those objections were overruled by operation of law on August 14, 2013. As the trial court did not take further action before losing plenary power on September 13, 2013, the May 31 judgment stands as final, rendering the subsequent October judgment void. Thus, the court lacks jurisdiction over an appeal from the May judgment because the notice was not filed within the required ninety days. The court ordered Cody Texas to respond by April 17, 2014, to demonstrate that the appeal was timely perfected and to request a supplemental clerk's record to establish jurisdiction. If Cody Texas fails to comply satisfactorily, the appeal will be dismissed. All deadlines in the appeal are suspended pending further court orders.