Houston's First District dismissed an appeal in a modification case when the appellant did not request a de novo appeal of the associate judge's ruling, the district judge then adopted that ruling, and the appellant moved to void the associate judge's ruling more than thirty days later. To appeal an associate judge's ruling, one must request a de novo hearing, in writing, within three working days of receiving notice of the associate judge's decision. One must either appeal a case, or move for a new trial (or the like), within thirty days of the trial court's decision. Otherwise, the court of appeals has no jurisdiction to hear the appeal. Colley v. Hickerson, No. 01-08-00154-CV (Tex. App. - Houston [1st Dist.] Mar. 12, 2009).

Courtesy of Verner & Brumley, P.C. Dallas, Texas

Tags: associate judge, appeals, deadlines