Chad Murray v. Karen Chavana

On March 25, 2011, Chad Murray filed a notice of appeal from a judgment entered on January 31, 2011. Upon receipt of the docketing statement and the notice of appeal, this court wrote Murray and informed him that his notice of appeal appeared to be untimely under TEX. R. APP. P. 26.1. We requested that Murray respond and provide proof that the notice of appeal was timely filed or otherwise show grounds for continuing his appeal. Murray filed a response indicating that he did not timely receive notice of the trial court’s judgment and that his notice of appeal was filed within thirty days of the date that he received notice of the trial court’s judgment. We abate this appeal.

TEX. R. CIV. P. 306a provides that, if, within twenty days after a judgment is signed, a party adversely affected by it has neither received the required notice nor acquired actual knowledge of the judgment, the appellate deadlines shall begin to run from the date that such party received notice or acquired actual knowledge of the rendition of judgment. Rule 306a(4); see also TEX. R. APP. P. 4.2(a). In order to establish the application of the rule, the adversely affected party must prove in the trial court on sworn motion and notice the date on which the party or his attorney first received notice of the judgment or acquired actual knowledge of it and that this date was more than twenty days after it was signed. Rule 306a(5); TEX. R. APP. P. 4.2(b). After hearing the motion, the trial court shall sign a written order indicating the date when the party first received notice or acquired actual knowledge of the signing of the judgment. TEX. R. APP. P. 4.2(c).