IN THE
TENTH COURT OF APPEALS
No. 10-17-00384-CV
IN RE ULLJA KUNTZE
Original Proceeding
ORDER
The Court issued an opinion in this proceeding on December 27, 2017. Ullja
Kuntze’s motion for rehearing as to that opinion was denied by written order on January
24, 2018. Since then, Kuntze has filed two more motions in this proceeding.
This Court’s jurisdiction to rule on anything in a proceeding ends “30 days after
the court overrules all timely filed motions for rehearing or en banc reconsideration, and
all timely filed motions to extend time to file such a motion.” TEX. R. APP. P. 19.1(b). A
motion for rehearing is a very specific type of motion that asks the court to modify its
opinion that disposes of the proceeding. On the other hand, a motion to reconsider any
other ruling is not a motion for rehearing as contemplated by Rule of Appellate Procedure
19.1. For example, in this proceeding, after the Court denied Kuntze’s motion for
rehearing, Kuntze filed a motion titled, “Relator Ullja Kuntze’s Motion for Rehearing
with respect to the Order issued on Jan[.] 24, 2018 in case 10-17-00384-CV of the 10th Court
of Appeals of Texas.” This motion is not properly labeled or characterized as a motion
for rehearing. Such a motion is merely a motion for reconsideration of the identified
order. A motion for reconsideration, even if labeled a motion for rehearing, does not have
the effect of extending this Court’s jurisdiction under Texas Rule of Appellate Procedure
19.1(b).
This Court’s jurisdiction over this proceeding ended on February 23, 2018. We
have no jurisdiction to rule on any pending motion, whether filed before or after February
23, 2018. The only proper ruling when a Court does not have jurisdiction is to dismiss
the motion, or other pleading, requesting relief.
Accordingly, all pending motions in this proceeding are dismissed because the
Court finds that it has no jurisdiction to rule upon them.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
All pending motions dismissed
Order issued and filed August 29, 2018
In re Ullja Kuntze Page 2