Narrative Opinion Summary
Monique Sauls and all occupants appealed a judgment from the County Court at Law No. 1 in Travis County, Texas, which was signed on April 19, 2018. Sauls filed a timely motion for new trial on May 17, 2018, extending the deadline for her notice of appeal to July 18, 2018. However, she filed her notice of appeal on September 10, 2018, which was beyond the ninety-day limit stipulated by Texas Rules of Appellate Procedure. The court notified Sauls on October 17, 2018, about the potential jurisdictional defect and provided an opportunity to respond by November 1, 2018, but she did not reply. Consequently, the court dismissed the appeal for lack of jurisdiction. The case was originally filed in the Third Court of Appeals and was transferred to the Sixth Appellate District for docket equalization. No conflicts with precedent were noted. The decision was submitted on November 20, 2018, and decided on November 21, 2018.
Legal Issues Addressed
Docket Equalization Transfersubscribe to see similar legal issues
Application: The case was transferred from the Third Court of Appeals to the Sixth Appellate District as part of docket equalization, and there were no reported conflicts with precedent in this process.
Reasoning: The case was originally filed in the Third Court of Appeals and was transferred to the Sixth Appellate District for docket equalization. No conflicts with precedent were noted.
Jurisdictional Defect in Appealsubscribe to see similar legal issues
Application: The court identified a potential jurisdictional defect due to the late filing of the notice of appeal and provided Sauls with an opportunity to respond, which she did not utilize, leading to the dismissal of the appeal.
Reasoning: The court notified Sauls on October 17, 2018, about the potential jurisdictional defect and provided an opportunity to respond by November 1, 2018, but she did not reply. Consequently, the court dismissed the appeal for lack of jurisdiction.
Timeliness of Notice of Appealsubscribe to see similar legal issues
Application: The appellant, Monique Sauls, failed to file her notice of appeal within the required ninety-day period after filing a motion for a new trial, as mandated by the Texas Rules of Appellate Procedure, resulting in the dismissal of the appeal.
Reasoning: Sauls filed a timely motion for new trial on May 17, 2018, extending the deadline for her notice of appeal to July 18, 2018. However, she filed her notice of appeal on September 10, 2018, which was beyond the ninety-day limit stipulated by Texas Rules of Appellate Procedure.