Mitschke v. Borromeo (Opinion)
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The Supreme Court reversed the judgment of the court of appeals dismissing Petitioner's appeal for lack of jurisdiction, holding that Petitioner's filing error did not deprive the court of appeals of subject matter jurisdiction.
Petitioner brought multiple wrongful death and survival claims against several defendants. The trial court granted Respondents' motion for a take-nothing judgment. An ensuing severance transformed the interlocutory summary judgment into a final and appealable judgment, commencing the thirty-day period to file a notice of appeal. Petitioner then moved for a new trial. At issue was whether Petitioner's ensuing notice of appeal was timely, which depended on whether Petitioner's motion for new trial was effective. The court of appeals held that the motion for new trial was ineffective because Petitioner filed it under the wrong case number and dismissed the appeal for lack of jurisdiction. The Supreme Court reversed, holding (1) Petitioner's motion for new trial effectively extended the trial court's plenary power and, correspondingly, the appellate timelines; and (2) therefore, the appeal was timely.
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