Butts v. Capitol City Nursing Home, Inc.
Cases that cite this one
107 later published cases cite this decision. The 25 that cite it most often are listed here.
- Thermex Energy Corp. v. Rantec Corp. (Tex. App. 1989)
- Hales v. Chubb & Son, Inc. (Tex. App. 1986)
- Greg Chambers and Trina Bradley v. Eusebio Maldonado (Tex. App. 2013)
- Howlett v. Tarrant County (Tex. App. 2009)
- Carrera v. Marsh (Tex. App. 1993)
- In re Dobbins (Tex. App. 2008)
- Ameriquest Mortgage Company v. Julio Carlos Marron and Maria Rocio Marron (Tex. App. 2013)
- Silguero v. State (Tex. App. 2009)
- in Re: Oscar Silguero (Tex. App. 2009)
- Federal Lanes, Inc. v. City of Houston (Tex. App. 1995)
- MacArangal v. Andrews (Tex. App. 1992)
- Allstate Insurance Company as Subrogee of Angela J. Vasquez v. Jaroslav J. Barnet (Tex. App. 2019)
- Greg Chambers and Trina Bradley v. Eusebio Maldonado (Tex. App. 2013)
- Hosea v. Whittenburg (Tex. App. 2010)
- Young v. Di Ferrante (Tex. App. 2018)
- Brandon Watson v. Meghan Clark (Tex. App. 2015)
- in Re Valliance Bank (Tex. App. 2012)
- Tammy Howlett v. Tarrant County (Tex. App. 2009)
- Sierra Club v. Texas Commission on Environmental Quality (Tex. App. 2005)
- Sierra Club and Downwinders at Risk v. Texas Commission on Environmental Quality and TXI Operations, L.P. (Tex. App. 2005)
- Sierra Club and Downwinders at Risk v. Texas Commission on Environmental Quality and TXI Operations, L.P. (Tex. App. 2005)
- Brim Laundry Machinery Co. v. Washex Machinery Corp. (Tex. App. 1993)
- Danyell Burnley, Mark Williams, Individually and Next Friend to Zechariah Minters v. Jerome Dennis Losack (Tex. App. 2025)
- Walter M. Jarrell Jr., DDS, Individually and Walter M. Jarrell, Jr., DDS, Inc., a Texas Corporation v. Tiffany Bergdorf, Individually, Lynn Halterman, Individually, Randall Raimond, Individually, Allen Thornberg, Individually and Aftco, Inc., a Texas Corporation (Tex. App. 2019)
- Dwight Gillis v. Harris County, TX (Tex. App. 2018)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
ON APPLICATION FOR WRIT OF ERROR
Virginia Butts filed an unverified motion to reinstate within thirty (30) days after an order was signed dismissing her personal injury suit. The trial court denied the motion. Butts filed an appeal bond eighty-eight (88) days after the order of dismissal was signed. Relying upon the decision of this court in Gilbert v. Hubert, Hunt, Nichols, Inc., 671 S.W.2d 869 (Tex. 1984), the court of appeals dismissed the appeal for want of jurisdiction. 700 S.W.2d 628.
We refuse the application for writ of error, no reversible error. However, we disapprove the court of appeals’ holding that the filing of a motion to reinstate pursuant to Tex.R.Civ.P. 165a does not extend the time for perfecting appeal to within ninety (90) days after the judgment is signed. The court of appeals incorrectly relied upon Gilbert in support of its decision.
At the time Gilbert was decided, Rule 165a required that a motion to reinstate be filed and acted upon within thirty (30) days of the signing of the order of dismissal. Subsequent to the dismissal in Gilbert and prior to the dismissal in this case, Rule 165a was amended. No longer is the trial court required to act upon the motion within thirty (30) days. Instead, Rule 165a now provides the. same time periods for filing and overruling the motion as provided in Rule 329b governing motions for new trials. Therefore, the filing of a motion to reinstate has the same effect as a motion for new trial in respect to extending the time for perfecting an appeal to within ninety (90) days after the order of dismissal is signed.
The decision of the court of appeals, applying law based upon the former language of Rule 165a, is in conflict with Rule 165a as amended. However, the court properly dismissed Butts’ appeal since the motion to reinstate was not verified as required by Rule 165a. Since there was no proper motion filed with the court within thirty (30) days of the signing of the order of dismissal, the time for perfecting appeal was not extended and the court of appeals did not have jurisdiction.
The application for writ of error is refused, no reversible error. Tex.R.Civ.P. 483.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.