When a party (or the party’s attorney) does not receive actual notice of an adverse judgment within 90 days of that judgment, the party may make use of Texas Civil Procedure Rule 306a to extend deadlines for filing a motion for new trial or to appeal. But its important that the party invoking Rule 306a
notice
Challenging an Order on a Contest to an Affidavit of Indigency
By Mike Northrup on
Posted in Opinions & Judgments
Must an appellant who seeks to appeal a trial court’s order sustaining a challenge to the appellant’s affidavit of indigency file a separate notice of appeal? Answer: It depends on which court of appeals the appeal is in.
The San Antonio Court of Appeals has held that it is not necessary for an appellant to…
Notice of appeal not required to name all orders
By Mike Northrup on
Posted in Opinions & Judgments
Following rendition of a final, appealable judgment, does a notice of appeal have to name all preceeding interlocutory orders as a prerequisite to complaining of those orders? Apparently not. This has been a question of concern for many appellate practitioners and it’s a question that’s been percolating around in the courts of appeals. We now…
Notice Defect Precludes Summary Judgment
By David Oliveros on
Posted in Opinions & Judgments, Summary Judgment
In Shaw v. Radionic Industries, Inc., the plaintiff moved for summary judgment against the pro se defendant on a claim for a suit on a sworn account. The court set a hearing for the motion on April 2, 2007. Later, the plaintiff sent a transmittal letter dated March 22, 2007 to the defendant to…