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Deadlines to Appeal Austin Court of Appeals’ Decision

As we noted in our last post, the Austin Court of Appeals issued its long-awaited decision in the Steele v. GTECH  Fun 5’s case on January 11, 2018.  The Austin Court denied GTECH’s request to be given immunity from suit under the  legal doctrine of “derivative sovereign immunity”.  Many lottery players are now wondering what the deadlines are for GTECH to appeal that ruling.

Under the Texas Rules of Appellate Procedure (TRAP), GTECH may file a motion for rehearing with the Austin Court of Appeals within fifteen (15) days from the date of the Court’s judgment (January 11th).  See TRAP 49.1.  Appellate courts seldom grant motions for rehearing.  One appellate attorney estimated that there is less than a 10% chance that a motion for rehearing will be granted.

GTECH may also file a motion for rehearing en banc (to have all of the judges on the court of appeals reconsider the judgment rendered by the three judges assigned to the appeal)A motion for rehearing en banc must also be filed within fifteen (15) days from the date of the Court’s judgment. See TRAP 49.7.

If the Court of Appeals denies GTECH’s  motion for rehearing or its motion for rehearing en banc, GTECH will then have forty-five (45) additional days in which to file a petition for review with the Texas Supreme Court.  See TRAP 53.7(2).

If no motion for rehearing or motion for rehearing en banc is filed, GTECH has forty-five days from the date of the Court of Appeals’ decision (January 11th) to file a Petition for Review with the Texas Supreme Court.  TRAP 53.7(1).

The Courts may always extend the deadlines mentioned above if the appellate attorney for GTECH files a motion for an extension of time and shows good cause why he or she should be given more time.  The most common reason given for an extension is that the attorney has appellate deadlines in other cases that make it difficult to meet the deadlines for this case.

If GTECH files a motion for rehearing, a motion for rehearing en banc, or a petition for review, we will immediately post a copy on this blog.