IN THE
TENTH COURT OF APPEALS
No. 10-16-00204-CV
JARRAR HOLDINGS, LLC,
Appellant
v.
CLAYTON WILLIAMS ENERGY, INC.,
Appellee
From the 21st District Court
Burleson County, Texas
Trial Court No. 28,136
MEMORANDUM OPINION
When a trial court has permitted an appeal from an interlocutory order that
would not otherwise be appealable, an appellate court may accept the appeal if, within
fifteen days after the order to be appealed is signed, the appealing party files a petition
for permission to appeal with the clerk of the court of appeals having appellate
jurisdiction over the action in which the order to be appealed is issued. See TEX. CIV.
PRAC. & REM. CODE ANN. § 51.014(d), (f) (West Supp. 2015); TEX. R. APP. P. 28.3. Jarrar
Holdings, LLC has not filed a petition for permission to appeal. Instead, Jarrar has filed
a “Notice of Accelerated Appeal (Agreed)” under Rule of Appellate Procedure 28.2. See
TEX. R. APP. P. 28.2. Rule 28.2 applies only to appeals in cases that were filed in the trial
court before September 1, 2011. Id. 28.3 cmt. This case was filed in the trial court on
April 30, 2015; therefore, Rule 28.2 does not apply to this case.
The Clerk of this Court notified the parties by letter dated July 6, 2016, that we
would dismiss this appeal unless, within fourteen days of the date of the letter, a
response was filed showing grounds for continuing the appeal. Jarrar has filed a
motion for extension of time to file a petition for permission to appeal and states that
the motion is unopposed. Jarrar asserts that the failure to timely file the petition for
permission to appeal was not deliberate or intentional but merely the result of
inadvertence because the parties and the trial court believed that Rule 28.2 applied to
this appeal. Jarrar further argues that we should grant an extension because (1) “all
parties and the trial court agreed to this interlocutory appeal,” (2) “this interlocutory
appeal involves a controlling question of law,” and (3) “the question of law presents an
important issue to Texas jurisprudence which should be decided by this Court.” Jarrar
requests that we grant an extension of five days from the date that we rule on this
motion for it to file its petition for permission to appeal.
A petition for permission to appeal must be filed with fifteen days after the order
to be appealed is signed. TEX. R. APP. P. 28.3(c); see TEX. CIV. PRAC. & REM. CODE ANN. §
51.014(d), (f). The court of appeals may extend the time to file the petition if the party:
(1) files the petition within fifteen days after the deadline, and (2) files a motion
complying with Rule 10.5(b). TEX. R. APP. P. 28.3(d). Here, the trial court signed the
Jarrar Holdings, LLC v. Clayton Williams Energy, Inc. Page 2
order permitting an agreed interlocutory appeal on June 3, 2016. Over thirty days have
passed, and Jarrar has not filed a petition for permission to appeal. Accordingly, we
cannot extend the time for Jarrar to file its petition for permission to appeal. See id.
28.3(c), (d). Jarrar’s unopposed motion for extension of time to file petition for
permission to appeal is dismissed. Moreover, because Rule 28.2 does not apply to this
case and because parties to a suit cannot confer subject matter jurisdiction on a court by
agreement, Devon Energy Prod. Co., L.P. v. KCS Res., LLC, 450 S.W.3d 203, 216 (Tex.
App.—Fort Worth 2014, pet. denied), we dismiss this appeal for want of jurisdiction.
See TEX. R. APP. P. 42.3(a), 43.2(f).
REX D. DAVIS
Justice
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Appeal dismissed, motion dismissed
Opinion delivered and filed July 20, 2016
[CV06]
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