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City of Hous. v. Little Nell Apartments, L.P – Case Brief Summary (Texas)

In City of Hous. v. Little Nell Apartments, L.P., 424 S.W.3d 640 (Tex. App.--Houston 14th Dist. 2014, pet. filed), the City timely filed a notice of appeal on December 12, 2012, the same day that the trial court made an oral ruling on the plea to the jurisdiction. Id. at 643-44.

The City then filed an amended notice of appeal on January 11, 2013, when the trial court signed its written order. Id. at 644.

Subsequently, on March 27, 2013, the City and Krueger filed a second amended notice of appeal, which, for the first time, listed Krueger as an appellant. Id.

In response, the appellees argued that the court did not have jurisdiction over Krueger's appeal because he was not named as an appellant until the second amended notice of appeal, which was not filed until months after the trial court's order. Id.

The court, however, concluded that it did have jurisdiction over Krueger's appeal, noting that rule 25.1(g) allows a party to amend a notice of appeal to correct a defect or omission in an earlier filed notice. Id. at 644-46; see also Tex. R. App. P. 25.1(g).

Notably though, in reaching its conclusion, the court specifically distinguished situations, like that presented here, where the party who timely filed the original notice of appeal lacked standing to appeal on the later-added appellant's behalf. City of Hous., 424 S.W.3d at 645-46, 645 nn.10-11.