Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664 (Tex. 2011). · Go Syfert
Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664 (Tex. 2011). Cases Citing This Book View Copy Cite
147 citation events (147 in the last 25 years) across 3 distinct courts.
Strongest positive: in Re: State of Texas (texapp, 2018-11-14)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) in Re: State of Texas
Tex. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
the filing of a motion for new trial or to modify the judgment, before the judgment is signed or within thirty days after, extends the deadline for filing a notice of appeal to ninety days
examined Cited as authority (verbatim quote) Jiles Daniels v. Empty Eye, Inc., Empty Eye & Associates, L.P. and Judith Daniels (8×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2012 · signal: see · quote attribution · 2 verbatim quotes · confidence high
courts should acknowledge the substance of the relief sought despite the formal styling of the pleading . . . .
discussed Cited as authority (rule) Maha Mansoor v. University of Texas at Austin
Tex. App. · 2025 · confidence medium
Although she did not use the specific phrase “due process” in her petition, “[a] plaintiff is required 9 to plead facts invoking a waiver of immunity, not to use particular words.” See Morales v. Barnett, 219 S.W.3d 477 , 481 n.3 (Tex. App.—Austin 2007, no pet.) (citing University of N. Tex. v. Harvey, 124 S.W.3d 216 , 223 n.3 (Tex. App.—Fort Worth 2003, pet. denied)); In re J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016) (per curiam) (“We have stressed that ‘courts should acknowledge the substance of the relief sought despite the formal styling of the pleading.’” (quoting Ryland E…
discussed Cited as authority (rule) In Re: Troy S. Poe Trust v. the State of Texas
Tex. App. · 2024 · confidence medium
E.g., Godoy v. Wells Fargo Bank, N.A., 575 S.W.3d 531 , 536–37 (Tex. 2019) 12 Accord JDH Pac., Inc. v. Precision-Hayes Int’l, Inc., 659 S.W.3d 449 , 451 (Tex. 2022) (Young, J., concurring in denial of petition) (“[T]he age in which mere docketing errors carry fatal jurisdictional consequences has come to an end.”); Chen v. Razberi Techs., Inc., 645 S.W.3d 773 , 777 (Tex. 2022) (“[E]stablished Supreme Court precedent favors a merits-based disposition when supportable by a reasonable, yet liberal, construction of the appellate rules.”); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d…
discussed Cited as authority (rule) In Re Ronald Dean Strickland v. the State of Texas
Tex. App. · 2024 · confidence medium
I, § 13, we conclude that Strickland filed his challenge here in a bona fide attempt to invoke this Court’s jurisdiction.5 See In re J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016) (“We have stressed that ‘courts should acknowledge the substance of the relief sought despite the formal styling of the pleading.’” (quoting Ryland Enters., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011))); see also Tex. R.
discussed Cited as authority (rule) Claudia A. Brady v. Gregory A. Brady and One Network Enterprises, Inc.
Tex. App. · 2024 · confidence medium
P. 71; In re J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011); Wells Fargo, N.A. v. Clower, No. 02-20-00058-CV, 2021 WL 4205056 , at *6 (Tex. App.— Fort Worth Sept. 16, 2021, no pet.) (mem. op.).
discussed Cited as authority (rule) AIM Media Texas, LLC D/B/A the Odessa American v. City of Odessa, Texas
Tex. App. · 2023 · confidence medium
In re J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016) (citing Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011)); Aaron v. Fisher, 645 S.W.3d 299 , 310 (Tex. App.—Eastland 2022, no pet.); see Brumley v. McDuff, 616 S.W.3d 826 , 833 (Tex. 2021).
discussed Cited as authority (rule) Elena Karets v. Estate of Victor Gumbs
Tex. App. · 2023 · confidence medium
See id.; Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam) (motion for JNOV was Rule 329b motion to modify or correct judgment because motion “assail[ed]” trial court’s judgment); Gomez v. Texas Dep’t of Crim.
discussed Cited as authority (rule) Port Freeport v. Henry Jones, Pamela Tilley, Ava Waddell, Lottie Jones Sanders, Demetria Jones, Angie Nicole Clark Johnson, Janice Catley A/K/A Johnnie Catlite, Kirk Johnson, Lonnie Jones, Gabriel Jones, Rachel R. Thomas, Timothy Jones, Pendleton Johnson, Roosevelt Johnso
Tex. App. · 2023 · confidence medium
P. 71 (“When a party has mistakenly designated any plea or pleading, the court, if justice so requires, shall treat the plea or pleading as if it had been properly designated.”); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam) (in construing pleadings, we should “acknowledge the substance of the relief sought despite the formal styling of the pleading”); Thomas, 207 S.W.3d at 339–40 (construing summary-judgment motion 6 that challenged jurisdiction as plea to jurisdiction and concluding appellate court had jurisdiction over appeal under Section 51.01…
discussed Cited as authority (rule) in Re: Urban 8 LLC and Urban 8 Management LLC
Tex. App. · 2022 · confidence medium
Trial court orders are not inherently imbued with the prospect of springing executory finality. –3– read the rules “reasonably, yet liberally, so that the right to appeal is not lost by imposing requirements not absolutely necessary to effect the purpose of a rule.” Ryland Enter. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011); Republic Underwriters Ins.
discussed Cited as authority (rule) Dr. Robert L. Hogue, M.D. and Brownwood Regional Medical Center v. Brandon Steward and Courtney Steward
Tex. App. · 2022 · confidence medium
Generally, “courts should acknowledge the substance of the relief sought despite the formal styling of the pleading.” In re J.Z.P, 484 S.W.3d 8 924, 925 (Tex. 2016) (quoting Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam)); see also Jurgens v. Martin, 631 S.W.3d 385 , 400 (Tex. App.—Eastland 2021, no pet.) (noting that courts look at the substance of pleas for relief rather than the title of the document).
discussed Cited as authority (rule) the Raymond Corporation v. Guillermina Rubio, Individually and on Behalf of the Estate of Lorenzo Rubio Sr., Lorenzo Rubio Jr., Liliana Rubio, and Elizabeth Rubio
Tex. App. · 2022 · confidence medium
Given this rule, the Supreme Court of Texas has stressed that “courts should acknowledge the substance of the relief sought despite the formal styling of the pleading.” In Interest of J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016) (quoting Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam)).
cited Cited as authority (rule) Pay and Save, Inc. v. Roel Canales
Tex. App. · 2022 · confidence medium
R. 329b(g) (motion to modify judgment); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (per curiam).
discussed Cited as authority (rule) Leah Butterworth v. Living Assistance Services, Inc. and Versa Sales, LLC D/B/A Visiting Angels
Tex. App. · 2022 · confidence medium
We construe appellate briefs “liberally, but reasonably” so that the right to appeal is not unnecessarily lost by waiver, and we will “not dismiss an appeal for a –2– procedural defect whenever any arguable interpretation of the rules of appellate procedure would preserve the appeal.” See Horton, 591 S.W.3d at 569–70; Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (per curiam) (quoting Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997)).
discussed Cited as authority (rule) in the Estate of Billy Wayne Phillips
Tex. App. · 2022 · confidence medium
Since courts consider the substance of the relief sought regardless of the pleading’s title, Ryland Enterprise, Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011), we conclude that the probate court granted possession of the Property to the Executrix pursuant to Sections 101.003 and 351.054 of the Texas Estates Code.
discussed Cited as authority (rule) Edward James Mitschke, Jr., Individually and as a Representative of the Estate of Cody Mitschke v. Marida Favia Del Core Borromeo and Blackjack Ranch, L.L.E., Llc
Tex. · 2022 · confidence medium
This approach was taking form to some degree even before Philbrook, casting even further doubt on that precedent.19 But, in fairness, it was only in the years after Philbrook that our insistence on reading the rules in this way became dominant and systematic, so that we now can affirm that “[t]his Court has consistently treated minor procedural mishaps with leniency, preserving the right to appeal.” Ryland Enters., Inc. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011).
discussed Cited as authority (rule) Esther Atigogo v. Towns of Chapel Hill
Tex. App. · 2022 · confidence medium
We construe appellate briefs “liberally, but reasonably” so that the right to appeal is not unnecessarily lost by waiver, and we will “not dismiss an appeal for a procedural defect whenever any arguable interpretation of the rules of appellate procedure would preserve the appeal.” Horton, 591 S.W.3d at 569–70; Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (per curiam) –2– (quoting Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997)).
cited Cited as authority (rule) Glen D. Aaron, II v. Stephen Fisher, James Fisher, Katie Elam Ward, James O. \Tony\" Elam
unknown court · 2022 · confidence medium
In re J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016) (citing Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011)). 2.
discussed Cited as authority (rule) Unifund CCR, LLC v. Charles W. Whitaker
Tex. App. · 2021 · confidence medium
P. 71 (“When a party has mistakenly designated any plea or pleading, the court, if justice so requires, shall treat the plea or pleading as if it had been properly designated.”); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam) (explaining “courts should acknowledge the substance of the relief sought despite the formal styling of the pleading”).
discussed Cited as authority (rule) Thomas George Craaybeek v. Marilyn Braune Craaybeek
Tex. App. · 2021 · confidence medium
We construe appellate briefs “liberally, but reasonably” so that the right to appeal is not unnecessarily lost by waiver, and we will “not dismiss an appeal for a procedural defect whenever any arguable interpretation of the Rules of Appellate Procedure would preserve the appeal.” Horton, 591 S.W.3d at 569–70; Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (per curiam) (quoting Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997)); see Tex. R.
discussed Cited as authority (rule) Warren Chen and Dynacolor, Inc. v. Razberi Technologies, Inc., Thomas J. Galvin, Liveoak Ventures Partners 1A, L.P., Kenneth L. and Virginia T. Boyda, as Trustees of the Boyda Family
Tex. App. · 2021 · confidence medium
Verburgt v. Dorner, 959 S.W.2d 615 , 616–17 (Tex. 1997); see also Brighton v. Koss, 415 S.W.3d 864, 866 (Tex. 2011); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 664 (Tex. 2011) (per curiam) (reversing dismissal of appeal where arguable interpretation of rules allowed premature, pre-judgment motion for judgment notwithstanding verdict to extend appellate timetable); Parker v. Schlumberger Tech.
discussed Cited as authority (rule) D. Paul Prevallet v. Rena Jane Prevallet
Tex. App. · 2021 · confidence medium
See Brumley v. McDuff, 616 S.W.3d 826 , 833 (Tex. 2021); In re J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016) (“We have stressed that ‘courts should acknowledge the substance of the relief sought despite the formal styling of the pleading.’” (quoting Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam))); State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 6 1980) (“We look to the substance of a plea for relief to determine the nature of the pleading, not merely at the form of title given to it.”); see also Tex. R.
discussed Cited as authority (rule) in Re: Philip J. Emerson, Jr.
Tex. App. · 2019 · confidence medium
Respondent granted the plea to the 1 Respondent is the Honorable Jeff Fletcher, Judge of the 402nd District Court in Wood County, Texas. 2 “[C]ourts should acknowledge the substance of the relief sought despite the formal styling of the pleading[.]” Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011). jurisdiction on August 28 and denied Emerson’s motion to set aside the order granting the plea to the jurisdiction.
cited Cited as authority (rule) William C. Curtis and Tina Curtis v. James Humberto Urbina, M.D., and Christus Health Ark-La-Tex D/B/A Christus St. Michael Health System
Tex. App. · 2019 · confidence medium
Ryland Enter. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011).
discussed Cited as authority (rule) Ewing Insurance Services, Inc. and Charles Candler v. Texas Independent Automobile Dealers Association, and Juan Sabillon and Brent Rhodes, Individually
Tex. App. · 2019 · confidence medium
On appeal, Ewing argues that the trial court erred “by not applying the continuing tort doctrine to the applicable statute of limitations for each [of its] cause[s] of action.” However, on appeal, TIADA has affirmatively abandoned limitations as a basis for summary judgment based on the admission in Ewing’s response that “all [of its] causes of action accrued April 18, 2016.” Therefore, the argument regarding the continuing-tort doctrine is moot. 9 See In re J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016) (courts look to substance over formal styling of pleadings); Ryland Enter., Inc. v. Wea…
discussed Cited as authority (rule) Vicente A. Menchaca v. Insurance Company of the State of Pennsylvania (2×)
Tex. App. · 2019 · confidence medium
Nevertheless, the Texas Supreme Court has held that “appellate courts should not dismiss an appeal for a procedural defect whenever any arguable interpretation of the Rules of Appellate Procedure would preserve the appeal.” Ryland Enterprise, Inc. v. 2 Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (citation omitted).
cited Cited as authority (rule) Melissa Barclay v. Aury Gene Richey
Tex. App. · 2019 · confidence medium
P. 71; Ryland Enter., Inc. v. Witherspoon, 355 S.W.3d 664, 666 (Tex. 2011)).
discussed Cited as authority (rule) in the Interest C.R., A.R., and C.R. Children
Tex. App. · 2018 · confidence medium
Griffin v. Illinois, 351 U.S. 12, 18 (1956). 7 In re B.L.D., 113 S.W.3d 340, 349 (Tex. 2003). 8 Ryland Enter. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (courts should favor any “arguable interpretation” of rules to support merits disposition); Republic Underwriters Ins.
discussed Cited as authority (rule) in the Interest of K. N. C.
Tex. App. · 2018 · confidence medium
I, § 18 (“No person shall ever be imprisoned for debt.”). 14 Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (per curiam); see also Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997) (“appellate courts should not dismiss an appeal for a procedural defect whenever any arguable interpretation of the Rules of Appellate Procedure would preserve the appeal”). 6 exercised its authority to invite a satisfactory merits-based submission of the case by requesting additional briefing addressing the mother’s indigency defense in the correct procedural form.15 Because the c…
discussed Cited as authority (rule) in the Interest of E.D., a Child
Tex. App. · 2018 · confidence medium
P. 1; In re Bridgestone Americas Tire Operations, LLC, 459 S.W.3d 565, 569 (Tex. 2015) (orig. proceeding); cf. In re J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016); Ryland Enter. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (repeating well-settled principle that we construe rules of appellate procedure liberally to preserve right of appeal on the merits).
examined Cited as authority (rule) Samuel T. Russell v. Dallas County (3×)
Tex. App. · 2018 · confidence medium
Russell, Appellant, 5412 Stoneboro Trail, Dallas, TX 75241; email: [email protected] Pro Se Dallas County, Appellee Linebarger, Goggan, Blair, & Sampson, LLPO, Attorney for Appellee, 2777 N. Stemmons Frwy., Suite 1000, Dallas, TX 75207; (214) 880-0089 Appellant's Brief Page 2 of 16 a • Table of Contents Identity of Parties and Counsel ............................................................................ 2 Table of Contents .................................................................................................. 3 Index of Authorities ......................................…
discussed Cited as authority (rule) in Re: Ameri-Fab, LLC, Brazos Rock, Inc., Curtis Chester, Shelley Chester, Chad Chester, and Zack Chester
Tex. App. · 2018 · confidence medium
“Courts should acknowledge the substance of the relief sought despite the formal styling of the pleading.” Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam); see also State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) (“We look to the substance of a plea for relief to determine the nature of the pleading, not merely at the form of title given to it.”).
cited Cited as authority (rule) in Re: Gustavo Buentello, M.D., Daniel Buentello, R.N.D.C., and PA Rehab Management, LLC.
Tex. App. · 2017 · confidence medium
In re J.Z.P., 484 S.W.3d 924, 925 (Tex. 2016); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam).
examined Cited as authority (rule) Brant Oilfield Management & Sales, Inc. v. Mountwest, Inc. (3×) also: Cited "see"
Tex. App. · 2016 · confidence medium
In determining the nature of a motion, we look to the “substance of the relief sought despite the formal styling of the pleading.” Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam) (citing State Bar of 4 Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 1980)); see Tex. R.
discussed Cited as authority (rule) In the INTEREST OF P.J.P.R, a Child
Tex. App. · 2016 · confidence medium
Tex.R.Civ.P. 306c (so stating for prematurely filed motions for new trial); Tex.R.App.P. 27.2 (“[t]he appellate court may treat actions taken before an appealable order is signed as relating to an appeal of that order and give them effect as if they had been taken after the order was signed.”); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex.2011) (“Thus, the premature filing rules in civil rule 306c and appellate rule 27.2 apply equally to motions for new trial or to modify the judgment.”).
discussed Cited as authority (rule) in the Interest of a Child (2×)
Tex. App. · 2016 · confidence medium
P. 71 (explaining that nature of pleading is determined by its substance and mandating re-characterization dictated by pleading’s substance when justice so requires), 166a(b), (c); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex.2011) (construing prejudgment motion for JNOV that also prayed for a new trial as premature postjudgment motion that extended appellate timetable); State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex.1980) (construing motion titled motion for summary judgment as a motion for statutory interlocutory order); see also Davis v. Canyon Creek Estates Homeown…
discussed Cited as authority (rule) In the Interest of J.Z.P.
Tex. · 2016 · confidence medium
We have stressed that “courts should acknowledge the substance of the relief sought despite the. formal styling .of the pleading.” Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex.2011) (per curiam); see also State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex.1980) (“We look to the substance of a plea for relief to determine the nature of the pleading, not merely at the form of title given to it.”).
discussed Cited as authority (rule) Felix Luera, Jr. and Bianca Luera, Individually and as Next Friend of C.I. v. Basic Energy Services, Inc. and Basic Energy Services, L.P.
Tex. App. · 2015 · confidence medium
Since Ryals, the supreme court has emphasized that “minor procedural mishaps” should be treated “with leniency, preserving the right to appeal.” Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011).
discussed Cited as authority (rule) in the Interest of L.D.L.H and C.A.L., Children
Tex. App. · 2015 · confidence medium
P. 71 (stating titles of court documents are not controlling and we must look to substance of pleadings and proceedings to determine what actually occurred); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (citing Rule 71).
cited Cited as authority (rule) in the Interest of R.M. and R.M., Children
Tex. App. · 2015 · confidence medium
P. 26.1(a)(2); Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 665-666 (Tex. 2011) (per curiam). /s/ CRAIG STODDART JUSTICE
discussed Cited as authority (rule) Ray Basaldua v. George Farinacci, Ladona Farinacci and Jim House (2×)
Tex. App. · 2015 · confidence medium
Inc., 772 S.W.2d 76, 79 (Tex. 1999) ............................................................ 11 Ryland Enter. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011).. ...................................................... 14 v State Bar of Texas v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) ........................................................ 14 State Farm Fire & Casualty Co. v. S.S., 858 S.W.2d 374 (Tex. 1993) ................................................................ 11 Tilotta v. Goodall, 752 S.W.2d 160, 161 (Tex. App.—Houston [1st Dist.] 1988, writ denied) ...........................…
discussed Cited as authority (rule) Skinner, Henry Watkins
Tex. App. · 2015 · confidence medium
Proc. 71); Ryland Enterprise, Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (holding that a pleading styled as a motion for judgment notwithstanding the verdict could be construed as a motion to modify judgment, because “courts should acknowledge the substance of the relief sought despite the formal styling of the pleading”).
discussed Cited as authority (rule) Stacey Scott v. Larry Furrow and Keller Williams Legacy Group
Tex. App. · 2015 · confidence medium
The Texas Supreme Court has emphasized that appellate courts should always “treat[] minor procedural mishaps with leniency, preserving the right to appeal” and “should not dismiss an appeal for a procedural defect whenever any arguable interpretation of the Rules of Appellate Procedure would preserve the appeal.” Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (quoting Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997)).
cited Cited as authority (rule) in the Interest of O.A.P., a Child
Tex. App. · 2015 · confidence medium
Ryland Enterprises, Inc. v. Weatherspoon 355 S.W.3d 664, 665 (Tex. 2011); Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997).
discussed Cited as authority (rule) in the Guardianship of Lillian Hester, an Alleged Incapacitated Person
Tex. App. · 2015 · confidence medium
Appellant also argues that the Texas Supreme Court has treated “minor procedural mishaps with leniency, preserving the right to appeal.” Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (holding that a prematurely filed motion for judgment notwithstanding the verdict operated to extend the appellate timetable); see also Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997) (implying a motion for extension of time when the perfecting instrument was filed within the fifteen-day period for filing a motion for extension of time).
discussed Cited as authority (rule) Sharon Lee Hanson v. Guy Robb Cowen
Tex. App. · 2015 · confidence medium
INDEX OF AUTHORITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii STATEMENT OF THE CASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v ISSUES PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . v OBJECTION TO ORAL ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi STATEMENT OF FACTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . vi - 9 SUMMARY OF THE ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARGUMENT AND AUTHORITIES . . …
discussed Cited as authority (rule) Abelardo Zamora and Janet Zamora, Individually and as Next Friends of Abelardo Zamora Jr., a Minor Child v. Jacob James Davila
Tex. App. · 2015 · confidence medium
Thougb filed prior to the entry of judgment it is deemed filed on the day of, but immediately after, the signing ofthe judgment T.R.C.P 306(0);R).»‘[andE)1ter. v. Weat!zerspoon, 355 S.W.3d. 664, 665-66 (Tex. 2011).
discussed Cited as authority (rule) Government Employees Insurance Company v. Spring Independent School District (2×) also: Cited "see"
Tex. App. · 2014 · confidence medium
Id. at 665.
cited Cited as authority (rule) in the Estate of Linda J. Velvin
Tex. App. · 2013 · confidence medium
Ryland Enter. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011); State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) (orig. proceeding).
discussed Cited as authority (rule) Randy Goldberg v. Tracy Zinn (2×) also: Cited "see"
Tex. App. · 2013 · confidence medium
Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 665 (Tex. 2011) (per curiam). “[A]ppellate courts should not dismiss an appeal for a procedural defect whenever any arguable interpretation of the Rules of Appellate Procedure would preserve the appeal.” Id. (citing Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997)).
Retrieving the full opinion text from the archive…
RYLAND ENTERPRISE, INC., Petitioner,
v.
Vickie WEATHERSPOON, Respondent
11-0189.
Texas Supreme Court.
Dec 16, 2011.
355 S.W.3d 664
2011 Tex. LEXIS 939
2011 WL 6276127
Charles Lamar Drayden, Drayden & Associates, Houston, for Petitioner., Christina Stone, Gaughan Stone & Thia-garajan, Houston, for Respondent.
Per Curiam.
Cited by 91 opinions  |  Published
PER CURIAM.

In this case we must decide whether the court of appeals erred in dismissing Ry-land Enterprise, Inc.’s appeal as untimely. Because an arguable interpretation of our procedural rules allowed Ryland’s premature, pre-judgment motion for judgment notwithstanding the verdict (JNOV motion) to extend the appellate timetable to ninety days, the court of appeals erred in dismissing the appeal. Accordingly, pur[*665] suant to Texas Rule of Appellate Procedure 59.1 -without hearing oral argument, we reverse the court of appeals’ judgment and remand the case to that court.

Vickie Weatherspoon sued Ryland Enterprise, Inc. in 2007, and the case went to trial in May 2010. On May 4th, the jury returned a verdict for Weatherspoon. On May 25, 2010 — after the jury verdict but before the judgment was signed — Ryland filed a JNOV motion on legal insufficiency grounds. Though not styled as a motion for new trial, the JNOV motion also requested a new trial in the alternative. Pri- or to holding a hearing on the JNOV motion, the trial court signed a judgment for Weatherspoon on June 14, 2010, initiating the appellate time table. The judgment also purported to — via a handwritten notation by the judge on the face of the order — deny Ryland’s JNOV motion. Despite that purported denial, Weatherspoon filed a response to the JNOV motion on July 7, 2010, and the trial court held a hearing on the motion on July 8th. Though no written order appears in the record, an electronic docket sheet indicates that the judge (presumably orally) denied the motion (again) on that day.

Over a month later, on August 18, 2010, Ryland filed a notice of appeal in the trial court, sixty-five days after the judgment was signed. Because the notice was filed beyond the thirty-day deadline that applies if none of the motions listed in Texas Rule of Appellate Procedure 26.1(a) is filed, Weatherspoon moved to dismiss the appeal as untimely. The court of appeals granted the motion and issued a per curiam opinion. 355 S.W.3d 667. The court reasoned that although a JNOV motion may extend the appellate timetable to ninety days in some circumstances, it only does so if filed after the judgment is signed, and not before. We disagree.

This Court has consistently treated minor procedural mishaps with leniency, preserving the right to appeal. See Verburgt v. Darner, 959 S.W.2d 615, 616 (Tex.1997). In Verburgt, a litigant mistakenly filed a cost bond four days late without filing a motion for an extension of time. Id. at 615-16. This Court held that a motion for extension of time is implied if a party in good faith files late, but within the fifteen-day time period for requesting an extension. Id. at 617. We have applied comparable leniency when a litigant failed to comply with the appellate rules for indi-gency filings, Higgins v. Randall Cnty. Sheriffs Office, 257 S.W.3d 684, 688-89 (Tex.2008); when a litigant did not adequately explain the reason for an untimely notice of appeal, Hone v. Hanafin, 104 S.W.3d 884, 888 (Tex.2003); and, most pertinent here, when a litigant sought to extend the appellate filing deadlines with a post-judgment motion not explicitly mentioned in the time-extending provisions of Rule 26. 1, Gomez v. Tex. Dep’t of Criminal Justice, Inst’l Div., 896 S.W.2d 176, 176-77 (Tex.1995) (per curiam). We summed up this principle of leniency in Verburgt with the rule that “appellate courts should not dismiss an appeal for a procedural defect whenever any arguable interpretation of the Rules of Appellate Procedure would preserve the appeal.” 959 S.W.2d at 616.

In this case, a number of overlapping procedural rules apply. Under Rule 26. 1, the normal filing deadline for a notice of appeal is thirty days. That deadline is extended to ninety days “if any party timely files: (1) a motion for new trial; [or] (2) a motion to modify the judgment.” Tex. R.App. P. 26.1(a)(l)-(2). Texas Rule of Civil Procedure 329b states that a motion for new trial is timely if filed “prior to or within thirty days after the judgment ... complained of is signed.” Tex.R. Civ. P. 329b(a) (emphasis added). This “prior to”[*666] language is supplemented and clarified by civil rule 306c, which provides that “[n]o motion for new trial ... shall be held ineffective because prematurely filed; but every such motion shall be deemed to have been filed on the date of but subsequent to the time of signing of the judgment the motion assails.” Tex.R. Civ. P. 306c. The Rules of Appellate Procedure echo this concept in Rule 27.2, under which “[t]he appellate court may treat actions taken before an appealable order is signed as relating to an appeal of that order and give them effect as if they had been taken after the order was signed.” Tex.R.App. P. 27.2. Finally, civil rule 329b(g) states that a “motion to modify ... shall be filed and determined ... and shall extend ... the time for perfecting an appeal in the same manner as a motion for new trial.” Tex.R. Civ. P. 329b(g). Thus, the premature filing rules in civil rule 306c and appellate rule 27.2 apply equally to motions for new trial or to modify the judgment. Under these overlapping procedural rules, the filing of a motion for new trial or to modify the judgment, before the judgment is signed or within thirty days after, extends the deadline for filing a notice of appeal to ninety days.

The underlying nature of Ry-land’s JNOV motion was: (1) to assail the judgment likely to follow from the jury’s verdict; and (2) to request a new trial. Either purpose warrants the application of the above-described procedural rules. A JNOV motion can constitute a “motion to modify the judgment” under Rule 26.1(a)(2) if it assails the later-entered judgment. See Gomez, 896 S.W.2d at 176-77 (holding that any motion which “assail[s] the trial court’s judgment” extends the appellate timetable). Ryland’s legal sufficiency challenge, though raised in a JNOV motion, certainly assailed the judgment that was eventually signed. Moreover, Ryland’s JNOV motion specifically requested a new trial in the alternative. Since courts should acknowledge the substance of the relief sought despite the formal styling of the pleading, State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex.1980) (citing Tex.R. Civ. P. 71), that alternative request further bolsters the applicability of Rule 26.1. Whether a premature motion to modify the judgment or a premature motion for new trial, Ryland’s motion clearly assailed the trial court’s judgment and triggered Rule 26.1(a)’s extension of the appellate timetable. [1]

On the facts of this case, an arguable interpretation of appellate rules 26.1(a) and 27.2 and civil rules 329b and 306c allowed Ryland’s motion, though filed prejudgment, to nevertheless extend the ap[*667] pellate timetable to ninety days. Ryland’s sixty-fifth-day notice of appeal was therefore timely, and the court of appeals erred in dismissing the appeal. Pursuant to Texas Rule of Appellate Procedure 59. 1, we reverse the court of appeals’ judgment without hearing oral argument and remand to that court for consideration of Ryland’s appeal.

1

. The court of appeals focused on the fact that the JNOV motion in this case was filed prejudgment, rather than post-judgment, perhaps implicitly referencing the "live pleading" requirement adopted by some courts of appeals. E.g., Brazos Elec. Power Coop., Inc. v. Callejo, 734 S.W.2d 126, 129 (Tex.App.-Dallas 1987, no writ) ("[Wjhen ... a judgment is entered, the trial court disposes of the prior pending motion for judgment on the verdict [or JNOV], and the motion is no longer a ‘live’ pleading that can operate to extend the appellate timetable ... [or] be considered as a prematurely filed motion for new trial under [Texas Rule of Appellate Procedure 27].” (emphasis in original)); see also A.G. Solar & Co. v. Nordyke, 744 S.W.2d 646, 647-48 (Tex.App.-Dallas 1988, no writ) (applying the same rule to a motion for new trial that had been overruled prior to the judgment being signed). But this Court has rejected the live pleading requirement in Fredonia State Bank v. General American Life Insurance Co., 881 S.W.2d 279, 282 n. 2 (Tex.1994), and Wilkins v. Methodist Health Care System, 160 S.W.3d 559, 562-63 (Tex.2005), and we see no reason to apply it to this case. But cf. Wilkins, 160 S.W.3d at 563 (holding that when a pre-judgment motion is granted, it does not preserve error or extend the appellate timetable as to a later-signed contrary judgment).