OPINION
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Ryland Enterprises, Inc. v. Weatherspoon (Tex. 2011)(Opinion)
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FULL TEXT OF OPINION [ forthcoming ]
Opinions are available in pdf from the Court's website. Follow docket-number hotlink or click the case-style
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OPINION OF THE COURT OF APPEALS BELOW: Court of Appeals
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Also see: Texas Causes of Action | 2011 Texas Supreme Court Opinions | 2011 Tex Sup Ct Per Curiams
Ryland Enterprise, Inc. v. Weatherspoon, No. 11-0189 (Tex. Dec. 16, 2011)(per curiam)(appellate
procedure, timeliness of appeal, extension of deadline to file notice of appeal)
EXCERPT FROM TEXAS SUPREME COURT'S OPINION
In this case we must decide whether the court of appeals erred in dismissing Ryland Enterprise, Inc.’s
appeal as untimely. Because an arguable interpretation of our procedural rules allowed Ryland’s
premature, pre-judgment motion for judgment notwithstanding the verdict (JNOV motion) to extend the
appellate timetable to ninety days, the court of appeals erred in dismissing the appeal. Accordingly,
pursuant to Texas Rule of Appellate Procedure 59.1 without hearing oral argument, we reverse the
court of appeals’ judgment and remand the case to that court.
On the facts of this case, an arguable interpretation of appellate rules 26.1(a) and 27.2 and civil rules
329b and 306c allowed Ryland’s motion, though filed pre-judgment, to nevertheless extend the
appellate timetable to ninety days. Ryland’s sixty-fifth-day notice of appeal was therefore timely, and
the court of appeals erred in dismissing the appeal. Pursuant to Texas Rule of Appellate Procedure
59.1, we reverse the court of appeals’ judgment without hearing oral argument and remand to that court
for consideration of Ryland’s appeal.
RYLAND ENTERPRISE, INC. v. VICKIE WEATHERSPOON; from Harris County; 1st district (01-10-00715-CV, ___ SW3d ___, 01-
27-11)
Pursuant to Texas Rule of Appellate Procedure 59.1, after granting the petition for review and without hearing oral argument, the
Court reverses the court of appeals' judgment and remands the case to that court.
Per Curiam Opinion
Link to Electronic Briefs in this case: 11-0189 RYLAND ENTERPRISE, INC. v. WEATHERSPOON