Court of Civil Appeals of Texas, 2020

Janata Montgomery v. Southern Methodist University

Janata Montgomery v. Southern Methodist University
Court of Civil Appeals of Texas · Decided October 27, 2020

Janata Montgomery v. Southern Methodist University

Opinion

Order entered October 27, 2020

In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-00206-CV JANATA MONTGOMERY, Appellant V. SOUTHERN METHODIST UNIVERSITY, Appellee On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-17588 ORDER Before the Court is appellant’s October 23, 2020 Amended Response to the Mandate. Appellant asks this Court to void the mandate because it provides that appellee shall recover its costs of the appeal from appellant even though she is indigent. See TEX. R. APP. P. 43.4 (indigent party must not be required to pay costs of appeal). Although the provision that appellee recover its costs of the appeal from appellant is void, this Court no longer has plenary jurisdiction to modify the judgment. See id. 19.1. Accordingly, we DENY the motion.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE

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