Charette v. Fitzgerald

In Charette v. Fitzgerald, 213 S.W.3d 505, 509 (Tex. App.--Houston 14th Dist. 2006, no pet.), a residential landlord-tenant dispute, the tenants brought suit for wrongful eviction, unauthorized seizure of personal property, wrongful lockout, and breach of contract. 213 S.W.3d at 507. After the trial court found in favor of the tenants, the landlords timely filed a notice of appeal. Id. at 507-09. The tenants, attempting to bring a cross-appeal, filed a notice of appeal as well, but not until a month after it was due. Id. at 509; see also Tex. R. App. P. 26.1(a), (d) (providing notice of appeal deadline for "other parties"). Because the tenants' notice of appeal was not timely filed, the Fourteenth Court of Appeals held that it "lacked jurisdiction to entertain the tenants' issues" and could take no action other than to dismiss their appeal. Charette, 213 S.W.3d at 509.