Gregory Jackson v. Mr. Keneth Eldridge, Branch Manager, Ms. Stephanie Libadia, Human Resources, True Blue/People Ready Corporation Ans Mr. Steve(John Doe) Project Manager ( 2020 )

DISMISS and Opinion Filed October 19, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-20-00825-CV
MR. GREGORY B. JACKSON, Appellant
V.
MR. KEN, MESQUITE TEXAS BRANCH MANAGER, TRUE
BLUE/PEOPLE READY CORPORATION, MS. STEPHANIE LIBADIA,
HUMAN RESOURCES, MR. STEVE PROJECT MANAGER INDIANA
INDUSTRIES, Appellees
On Appeal from the 95th District Court
Dallas County, Texas
Trial Court Cause No. DC-19-17283
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Whitehill, and Justice Nowell
Opinion by Chief Justice Burns
Before the Court is appellant’s motion for extension of time to file his notice
of appeal. Appellant seeks to appeal from the trial court’s July 10, 2020 order
granting a Rule 91a motion to dismiss.1 See TEX. R. CIV. P. 91a. Appellant did not
1
The order dismisses appellant’s claims against Mr. Ken, Mesquite Texas Branch Manager, True
Blue/People Ready Corporation, and Ms. Stephanie Libadia, Human Resources. The order does not address
appellant’s claims against Mr. Steve Project Manager Indiana Industries. Because nothing in the record
reflected those claims had been addressed, we questioned whether the order was final and appealable. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appeal
may be taken only from final judgment or order that disposes of all parties and claims). In jurisdictional
briefing, appellant notes Mr. Steve was not served and explains Mr. Steve was no longer “included as a
file a motion for new trial or to modify the judgment. Accordingly, the notice of
appeal was due August 10, 2020 or, with an extension motion, August 25, 2020. See
TEX. R. APP. P. 4.1(a), 26.1, 26.3. The notice of appeal, however, was not filed until
September 11, 2020.
A motion for extension of time is proper only when the notice of appeal is
filed within the extension period. See id. 26.3. Because the notice of appeal here
was filed outside the extension period, we deny the motion without regard to the
merits and dismiss the appeal and all other pending motions for want of jurisdiction.
See id. 42.3(a); Brashear v. Victoria Gardens of McKinney, L.L.C., 302 S.W.3d 542,
545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of a notice of
appeal is jurisdictional).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
200825F.P05
defendant” after “his employer could not be located and his last name could not be discovered.” See Sabine
Offshore Serv., Inc. v. City of Port Arthur, 595 S.W.2d 840, 841 (Tex. 1979) (per curiam) (noting appellate
court may consider affidavit outside the record for purposes of determining jurisdiction). Under these
circumstances, “the case stands as if there had been a discontinuance” as to Mr. Steve, and the order is
deemed final for purposes of appeal. See Youngstown Sheet & Tube Co. v. Penn, 363 S.W.2d 230, 232
(Tex. 1962) (judgment that disposes of some but not all defendants is final for purposes of appeal if only
remaining defendants have not been served and nothing in record reflects plaintiff ever expected to obtain
service on unserved defendants).
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
Mr. GREGORY B. JACKSON, On Appeal from the 95th District
Appellant Court, Dallas County, Texas
Trial Court Cause No. DC-19-17283.
No. 05-20-00825-CV V. Opinion delivered by Chief Justice
Burns, Justices Whitehill and Nowell
Mr. Ken, Mesquite Texas Branch participating.
Manager, True Blue/People Ready
Corporation, Ms. Stephanie Libadia,
Human Resources, Mr. Steve Project
Manager Indiana Industries,
Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered October 19, 2020.
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