GILANI v. Kaempfe, 331 S.W.3d 879 (Tex. App. 2011). · Go Syfert
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GILANI v. Kaempfe, 331 S.W.3d 879 (Tex. App. 2011). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …cannot rise beyond mere suspicion. ⚠ not in text
cited 2× by 1 distinct case · …does not contain information pertaining to the ownership of the vehicle, the driving record of the defendant, or even a copy of the police report of the incident. ⚠ not in text
37 citation events (37 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) P.C. as Next Friend of C.C., a Minor v. E.C. (2×) also: Cited as authority (rule)
Tex. App. · 2019 · quote attribution · 1 verbatim quote · confidence high
without some probative evidence as to the elements of the webbs' claims, any negative inference that might be drawn from maldonado's invocation of his privilege against self-incrimination cannot rise beyond mere suspicion.
discussed Cited as authority (rule) Mohammad Reza Assadi v. Amir Batoei, Family AB Austin Feb 5, LP; And Lee AB Land, LLC
txctapp3 · 2026 · confidence medium
See SignAd, Ltd., 2021 WL 4203104 , at *2; Coffee v. Coffee, No. 03-16-00466-CV, 2016 WL 4272122 at *1 (Tex. App.—Austin Aug. 11, 2016, no pet.) (mem. op.) (dismissing appeal for want of jurisdiction because appellant’s motion for new trial was filed one day late and failed to extend his appellate timetable); Gilani v. Kaempfe, 331 S.W.3d 879, 879 (Tex. App.—Dallas 2011, no pet.) (same).
discussed Cited as authority (rule) Robert Carroll Bevers v. Peyton Lynn Mabry (2×) also: Cited "see"
Tex. App. · 2024 · confidence medium
Webb v. Maldonado, 331 S.W.3d 879, 883 (Tex. App.—Dallas 2011, pet. denied); accord United States v. Rylander, 460 U.S. 752, 758 (1983) (assertion of Fifth Amendment privilege has never been thought to be in itself substitute for evidence that would assist in meeting burden of production); see also Lozano v. Lozano, 52 S.W.3d 141, 150 (Tex. 2001) (Phillips, C.J., concurring) (discussing authority holding that a negative inference is not sufficient, by itself, to meet an opponent’s burden of proof). 2.
discussed Cited as authority (rule) in Re Commitment of Aaron Gipson (2×) also: Cited "see, e.g."
Tex. App. · 2019 · confidence medium
Safety Officers Ass’n v. Denton, 897 S.W.2d 757, 763 (Tex. 1995); Webb v. Maldonado, 331 S.W.3d 879, 883 (Tex. App.—Dallas 2011, pet. denied).4 But “[a]lthough the jury [is] free to draw a negative inference, a ‘claim of privilege is not a substitute for relevant evidence.’” Matbon, Inc. v. Gries, 288 S.W.3d 471, 489 (Tex. App.—Eastland 2009, no pet.) (quoting United States v. Rylander, 460 U.S. 752, 761 (1983)); see also Lozano, 52 S.W.3d at 149 (Phillips, C.J., concurring); 4 The State does not cite any authority applying this doctrine in civil commitment proceedings, but for p…
examined Cited as authority (rule) Ruth Villarreal, Individually and Ruth Villarreal Insurance, LLC v. Albert Trevino, Individually and D/B/A Bob Trevino Insurance Agency (3×) also: Cited "see"
Tex. App. · 2019 · confidence medium
Webb v. Maldonado, 331 S.W.3d 879, 883 (Tex. App.—Dallas 2011, pet. denied) (citing United States v. Rylander, 460 U.S. 752, 758 (1983)).
cited Cited as authority (rule) in the Interest of M.J.P., a Child
Tex. App. · 2017 · confidence medium
Safety Officers Ass’n v. Denton, 897 S.W.2d 757, 760 (Tex. 1995); Webb v. Maldonado, 331 S.W.3d 879, 883 (Tex. App.—Dallas 2011, pet. denied).
discussed Cited as authority (rule) Joshua S. Coffee v. Kelly Lynn Coffee
Tex. App. · 2016 · confidence medium
App. P. 26.1, 26.3; Gilani v. Kaempfe, 331 S.W.3d 879, 879 (Tex. App.—Dallas 2011, no pet.) (dismissing appeal for want of jurisdiction after concluding that appellant’s motion for new trial filed 31 days after signing of judgment was untimely and failed to extend appellate timetable); see also Aziz v. Waris, No. 01-15-00175-CV, 2015 Tex. App. LEXIS 9068 , at *7 (Tex. App.—Houston [1st Dist.] Aug. 27, 2015, no pet.) (mem. op.) (dismissing appeal for want of jurisdiction after concluding that appellant’s motion for new trial was filed day after deadline).
discussed Cited as authority (rule) Brauss, Eric W, Christine Brauss v. Nixdorf Parties (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
However, without some probative evidence of the elements of a party’s claim, any negative inference that might be drawn from the invocation of the “privilege against self-incrimination cannot rise beyond mere suspicion.” Webb v. Maldonado, 331 S.W.3d 879, 883 (Tex.App.-Dallas 2011, pet. denied).
discussed Cited "see" State for Protection of P. B. v. v. T.
Tex. App. · 2019 · signal: see · confidence high
See Webb , 331 S.W.3d at 883-84 ; Matbon, Inc. v. Gries , 288 S.W.3d 471 , 489-90 (Tex. App.-Eastland 2009, no pet.) ; Blake v. Dorado , 211 S.W.3d 429 , 433-34 (Tex. App.-El Paso 2006, no pet.) ; see also Old Sec.
discussed Cited "see" State v. v. T.
Tex. App. · 2019 · signal: see · confidence high
See Webb, 331 S.W.3d at 883–84; Matbon, Inc. v. Gries, 288 S.W.3d 471 , 489–90 (Tex. App.—Eastland 2009, no pet.); Blake v. Dorado, 211 S.W.3d 429 , 433–34 (Tex. App.—El Paso 2006, no pet.); see also Old Sec.
discussed Cited "see" State v. David B. Wilson
Tex. App. · 2016 · signal: see · confidence high
See Webb v. Maldonado, 331 S.W.3d 879, 884 (Tex.App.—Dallas 2011, pet. denied) (“The Webbs did not present their public policy argument to the trial court; therefore, it is not preserved for appeal.”); Boleware v. U.S. Bank N.A., 293 S.W.3d 315, 316 (Tex.App.-Dallas 2009, pet. dism’d w.o.j.) (holding that parties waived argument that trial court erred in awarding possession of property to bank as matter of public policy because parties did not first raise complaint in trial court).
discussed Cited "see" Alief Independent School District, Dan Turner and Henry Bonaparte v. Troy Perry
Tex. App. · 2013 · signal: see · confidence high
See Webb v. Maldonado, 331 S.W.3d 879, 884 (Tex.App.-Dallas 2011, pet. denied) (refusing to consider on appeal from grant of no-evidence motion for summary judgment whether privilege was properly invoked when nonmovants had not “filed a motion to compel or otherwise sought the assistance of the trial court to resolve the discovery impasse caused by [movant] asserting his Fifth Amendment right against self-incrimination in response to every deposition question”); In re Garza, No. 13-07-401-CV, 2007 WL 2246779 , at *2-3 (Tex.App.-Corpus Christi Aug. 6, 2007, no pet.) (mem. op.) (acknowledgin…
discussed Cited "see, e.g." SignAd, Ltd. v. the City of Hudson
Tex. App. · 2021 · signal: see also · confidence low
See Hartley v. Esquire Deposition, No. 01-17-00508-CV, 2018 WL 1720670 , at *1 (Tex. App.—Houston [1st Dist.] Apr. 10, 2018, no pet.) (mem. op.) (per curiam) (dismissing appeal for want of jurisdiction because motion to reconsider was filed thirty-five days after judgment was signed); see also Gilani v. Kaempfe, 331 S.W.3d 879 (Tex. App.—Dallas 2011, no pet.) (dismissing appeal for want of jurisdiction because motion for new trial filed one day late failed to extend appellate timetable).
cited Cited "see, e.g." E.S.F. v. D.J.F.
Tex. App. · 2020 · signal: see, e.g. · confidence medium
See, e.g., Webb v. Maldonado, 331 S.W.3d 879, 883 (Tex. App.—Dallas 2011, pet. denied); Blake v. Dorado, 211 S.W.3d 429, 433-34 (Tex. App.—El Paso 2006, no pet.).
Retrieving the full opinion text from the archive…
Fredrick GILANI, Appellant,
v.
Martin KAEMPFE and John P. Oglee, Appellees
05-10-00130-CV.
Court of Appeals of Texas.
Jan 27, 2011.
331 S.W.3d 879
Fredrick Gilani, Plano, TX, pro se., Don P. Oglee, Little Elm, TX, pro se., Martin Kaempfe, Little Elm, TX, pro se.
Moseley, Bridges, O'Neill.
Cited by 4 opinions  |  Published

OPINION

Opinion By

Justice MOSELEY.

On November 23, 2010, the Court sent a letter to appellant Fredrick Gilani questioning our jurisdiction over this appeal. Specifically, we questioned the timeliness of Gilani’s notice of appeal. We requested that Gilani file, within ten days of the date of the letter, a jurisdictional brief explaining how this Court has jurisdiction. As of today’s date, Gilani has not filed a jurisdictional brief.

A motion for new trial will serve to extend the appellate timetable if it is filed within thirty days of the date of the judgment. See Tex.R. Civ. P. 329b(a). In the absence of a timely filed motion for new trial, a notice of appeal is due thirty days from the date of judgment. See Tex. R.App. P. 26.1. Without a timely filed notice of appeal, this Court lacks jurisdiction. See Tex.R.App. P. 25.1.

The final judgment in this ease was signed on August 25, 2009. A motion for new trial was due on September 24, 2009. See Tex.R. Civ. P. 329b(a). Gilani filed an untimely motion for new trial on Friday, September 25, 2009. Because the motion for new trial was untimely, it did not extend the appellate timetable. Accordingly, Gilani’s notice of appeal was due on September 24, 2009. Gilani filed his notice of appeal on October 23, 2009. The notice of appeal was untimely.

Because the notice of appeal was untimely, this Court lacks jurisdiction over this appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R.App. P. 42.3(a).