Moss v. State

In Moss v. State, 539 S.W.2d 936, 941 (Tex. Civ. App.--Dallas 1976, no writ), the court was interpreting the former version of Texas Health and Safety Code section 574.070, which required notice of appeal to be filed five days after the order. The court rejected the argument that because the statute was silent on a motion for new trial, the statute did not affect that requirement. It reasoned that had the Legislature wanted a proposed patient to file a motion for new trial, it would have provided for notice of appeal to be filed after the motion for new trial. See id. at 940. Because the statute did not allow time to dispose of a motion for new trial, the trial court held that a motion for new trial was not required. See id.