Rickey Shannon v. SM Family Holdings LLC

• Court: Court of Appeals of Texas
• Decided: December 3, 2021
• Docket: 05-21-00620-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 3, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00620-CV

RICKEY SHANNON, Appellant V. SM FAMILY HOLDINGS, LLC, Appellee

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-20-04422-C

MEMORANDUM OPINION Before Chief Justice Burns, Justice Goldstein, and Justice Smith Opinion by Chief Justice Burns Appellant appeals from the trial court’s June 25, 2021 judgment. We

questioned our jurisdiction over this appeal because it appeared the trial court was

without plenary power to sign the judgment. See State ex rel. Latty v. Owens, 907

S.W.2d 484, 486 (Tex. 1995) (per curiam) (judgment signed after trial court’s

plenary power expires is a nullity). At the Court’s request, the parties filed letter

briefs addressing the Court’s concern.

The trial court signed a final judgment on January 11, 2021. Appellant filed

a timely motion for new trial on February 4, 2021. The record before the Court does

not contain a written order on the motion for new trial. Without having set aside the January 11 judgment, the trial court signed another judgment on June 25, 2021. The

trial court’s plenary power, however, expired on April 16, 2021, 105 days after the

January 11 judgment. See TEX. R. CIV. P. 329b(e). Thus, the trial court’s June 25

judgment was a nullity. See Latty, 907 S.W.2d at 486.

Although appellant filed a letter brief, he failed to address the jurisdictional

issue. Because the court acted beyond its plenary power in signing the June 25

judgment, the judgment is void. See id. This leaves the January 11 order as the final

judgment of the trial court.

When, as here, a judgment is rendered by a court after its plenary power has

expired, an appellate court’s jurisdiction is limited to setting aside the judgment and

dismissing the appeal for want of jurisdiction. See Latty, 907 S.W.2d at 486.

Accordingly, we vacate the trial court’s June 25, 2021 judgment 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

210620F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

RICKEY SHANNON, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas No. 05-21-00620-CV V. Trial Court Cause No. CC-20-04422- C. SM FAMILY HOLDINGS, LLC, Opinion delivered by Chief Justice Appellee Burns. Justices Goldstein and Smith participating.

In accordance with this Court’s opinion of this date, we VACATE the trial court’s June 25, 2021 judgment and DISMISS the appeal.

Judgment entered December 3, 2021 .

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