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Jim Reilly
Jim Reilly, Crim Defense Atty
Category: Criminal Law
Satisfied Customers: 1805
Experience:  CA Atty since 1976, primarily criminal law. 150+ jury trials.
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Thanks, Jim, But on August 19thm the trial court (more then

Customer Question

Thanks, Jim,

But on August 19thm the trial court (more then 90 days) lost his jurisdiction, so the signed order maybe not in power, what do you think?

Regards

Leopold
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Jim Reilly replied 6 years ago.
Leopold, I answered this in our other question & answer thread, but will repeat the answer here to be sure you see it:

Even if the court had no jurisdiction to sign the order on August 19th, that will not help you as it would be an invalid order denying what you want, but would not give you any legal right to compel the court to sign a new order to the contrary.

Also, there is another article in the Texas appellate lawyer blog that I linked above which cites a Texas Court of Appeals decision

Finney v. Vanderbilt Mortgage & Finance, Inc.

which holds a the filing of a request for findings of fact and conclusions of law does not extend the deadline for filing a notice of appeal from denial of a motion for summary judgment. This means that my previous comment "it appears that the deadline for filing a notice of appeal is 90 days from the date the trial court signed the order denying findings of fact and conclusions of law" was incorrect and the deadline is calculated from the date the original order was signed, regardless of what the court does with the request for findings of fact and conclusions of law.

I see that you also got some additional responses from other experts and I agree with what JD 1992 said in his answers. I'm afraid I don't see any way around this problem.

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