With this week’s orders list, the Texas Supreme Court issued one opinion.
What counts as a notice of appeal?
, No. 12-0836
The question before the Court was whether a document filed in the trial court qualified as a “notice of appeal” to trigger appellate jurisdiction before the clock expired.
The wrinkle is that the document claimed to be a combination of a motion for new trial and notice of appeal. Under Texas practice, these are usually separate documents, with the notice of appeal filed after any motion for new trial is disposed.
But the Texas Supreme Court held that this was sufficient because — based on the title of the document and language indicating that the party “wishes to appeal this case” — it was “a bona fide attempt to invoke appellate jurisdiction.”