United States · Texas civil appeals

When may a Texas trial court grant a quo warranto new-trial motion?

Rule 28.1(d) permits the trial court to grant a new-trial motion timely filed under Civil Rule 329b(a)–(b) until fifty days after signing its final quo warranto judgment. Without determination by a signed written order in that period, the motion is deemed overruled when the period expires. This guide distinguishes judicial action from the party’s motion-filing deadline.

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Read why no date is calculated

Period: The trial court may grant relief until fifty days after signing; absence of a signed determination triggers deemed overruling
Trigger: Actual signing of the trial court’s final quo warranto judgment, with timely motion qualification established
Rule: Texas appellate Rule 28.1(d)

Texas Rules of Appellate Procedure

Official consolidation dated February 6, 2026, with individual amendments and applicability provisions

Source guide · No automated date

Establish the complete appellate procedure

The fifty-day provision is conditional judicial action with deemed-overruling consequences, not one required party filing. No computed party deadline is offered.

Texas appellate Rule 28.1(d)

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Which actual event starts this appellate period?

Establish the quo warranto proceeding and actual final-judgment signing.

Verify the motion’s actual timely filing under Civil Rule 329b(a)–(b).

Inspect actual signed written orders rather than assuming an oral ruling determines the motion.

Texas appellate Rule 28.1(d)

How does this appellate period work?

Establish the quo warranto proceeding and actual final-judgment signing.
Exclude the actual triggering event and count every intermediate calendar day under Rule 4.1(a). Do not import the Civil Rules’ short-period exclusion into appellate computation. A signing, rendition, filing or ruling date must be established from its own actual record. The fifty-day period describes trial-court action and deemed overruling. It is not the party’s new-trial filing period.
Apply Rule 4.1 and establish the actual clerk calendar.
Complete the required act in the correct court.

Rule 4.1(a) moves a final Saturday, Sunday or legal holiday to the next eligible day. Rule 4.1(b) separately extends a filing period when the proper clerk is closed or inaccessible during regular hours on the final day, until the next open and accessible day. Preserve the required proof. The encoded Texas holiday calendar covers 2026 through 2028; it does not know additional local closure or system failure.

Texas appellate Rule 4.1

Why is no fixed date calculated?

The fifty-day provision is conditional judicial action with deemed-overruling consequences, not one required party filing. No computed party deadline is offered.

Which appeal conditions and court directions matter?

The motion must have been timely filed: Rule 28.1(d) expressly requires timely filing under Civil Rule 329b(a)–(b). The fifty-day court period does not replace those party-filing requirements.
A signed written determination is required: The motion is deemed overruled if not determined by a signed written order within the stated fifty-day period. Establish the actual written order rather than substituting a hearing or oral indication.
Accelerated perfection is separate: Rule 28.1(a) includes quo warranto appeals. Paragraph (b) says a new-trial motion does not extend accelerated perfection. Establish the actual notice and any applicable statutory exception independently.

Texas appellate Rule 28.1(d)

The calculator does not decide appealability, disputed classification, the merits, entitlement to relief or sufficiency of a filing.
The consolidation date does not establish applicability of every historical amendment. Read the actual governing edition and orders.

What must be filed, served and preserved?

Establish the quo warranto proceeding and actual final-judgment signing.
Verify the motion’s actual timely filing under Civil Rule 329b(a)–(b).
Inspect actual signed written orders rather than assuming an oral ruling determines the motion.
Rule 28.1(d) expressly requires timely filing under Civil Rule 329b(a)–(b). The fifty-day court period does not replace those party-filing requirements.
The motion is deemed overruled if not determined by a signed written order within the stated fifty-day period. Establish the actual written order rather than substituting a hearing or oral indication.
Rule 28.1(a) includes quo warranto appeals. Paragraph (b) says a new-trial motion does not extend accelerated perfection. Establish the actual notice and any applicable statutory exception independently.
Preserve the final judgment, actual timely motion and any signed written determination. Independently establish the accelerated notice deadline; the pending new-trial motion does not extend accelerated perfection.

Common questions about this appellate act