STRATEGIC DECISION TO CHALLENGE ORDER IN THE TRIAL COURT DOES NOT WARRANT EXTENSION OF TIME TO FILE A NOTICE OF APPEAL

Linq Partners, LLC v. GCU Trucking, Inc.
Dallas Court of Appeals, No. 05-13-00949-CV (August 26, 2013)
Chief Justice Wright, Justices Lang-Miers (Opinion), and Evans
The appellant sought an extension of time to file its notice of interlocutory appeal, pointing to its motion in the trial court to vacate the order in question as the reason the notice was not filed on time. The Court of Appeals considered this to be a strategic decision, not the kind of inadvertence, mistake, or mischance that supports an extension of the deadline to perfect an appeal. The court therefore denied the motion for an extension and dismissed the appeal for want of jurisdiction.

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