Teel Styles v. Texas Attorney General Appeal from 162nd Judicial District Court of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed November 18, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00776-CV TEEL STYLES, Appellant V. TEXAS ATTORNEY GENERAL, Appellee On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-00409 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Chief Justice Burns The Court questioned its jurisdiction over this appeal and requested the parties to file letter briefs addressing our concern. The parties complied. Appellant appeals from the trial court’s August 23, 2021 order granting appellee’s plea to the jurisdiction. Trial court actions taken in 2019 demonstrate that the trial court lacked jurisdiction to enter that order. The trial court signed an order dismissing the case for want of prosecution on June 18, 2019. Appellant filed a timely motion to reinstate on July 18, 2019. The trial court granted the motion by signed order on December 20, 2019. The trial court’s plenary power, however, expired on October 1, 2019, 105 days after the dismissal order. See TEX. R. CIV. P. 165a(3). Thus, both the trial court’s December 20, 2019 order and the August 23, 2021 order were signed after the trial court’s plenary power expired. An order signed after a trial court’s plenary power expires is a nullity. See State ex rel. Latty v. Owens, 907 S.W.2d 484, 486 (Tex. 1995) (per curiam). Our jurisdiction extends only so far as the trial court’s jurisdiction. See J.P. Morgan Chase Bank, N.A. v. Del Mar Properties, L.P., 443 S.W.3d 455, 459 (Tex. App.—El Paso 2014, no pet.). Although appellant filed a letter brief, nothing therein demonstrates our jurisdiction over this appeal. When, as here, an order or judgment is rendered by a court after its plenary power has expired, an appellate court’s jurisdiction is limited to setting aside the order or judgment and dismissing the appeal for want of jurisdiction. See Latty, 907 S.W.2d at 486. Accordingly, we vacate the trial court’s December 20, 2019 and August 23, 2021 orders and dismiss the appeal. See TEX. R. APP. P. 42.3(a); Latty, 907 S.W.2d at 486. /Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 210776F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT TEEL STYLES, Appellant No. 05-21-00776-CV On Appeal from the 162nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-19-00409. Opinion delivered by Chief Justice Burns. Justices Molberg and Smith participating. V. TEXAS ATTORNEY GENERAL, Appellee In accordance with this Court’s opinion of this date, the trial court’s December 20, 2019 and August 23, 2021 orders are VACATED and the appeal is DISMISSED. Judgment entered November 18, 2021 –3–
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