Kidd v. Paxton

I dissent from the Court’s denial of the Motion for Reconsideration of appellants.

In Verburgt v. Dorner, 959 S.W.2d 615 (Tex.1997), the supreme court reiterated its policy on interpreting the Appellate Rules1 in matters where the viability of an appeal is in question:

This Court has never wavered from the principle 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. We have repeatedly held that a court of appeals has jurisdiction over any appeal in which the appellant…