Mailbox Rule – Reversed and Remanded

  • Martin v. Jasper Independent School District
    • 09–17–00195–CV, 2018 WL 2974490
    • 1st District Court of Jasper County
    • Justice McKeithen, June 14, 2018
  • Martin filed a suit against Jasper Independent School District for employment discrimination. JISD responded with a plea to the jurisdiction and argued that the petition was not timely filed.
  • On July 28, 2016, the Texas Workforce Commission sent a letter to Martin advising her of the right to sue JISD within sixty days. Martin received the letter on August 2, 2016 and filed her suit on October 3, 2016. JISD argued that the mailbox rule provides an additional three days after a notice has been deposited in the mail, making the receipt July 31; thus, the deadline for filing suit was September 29th.
  • The Ninth Court held that Texas Labor Code Section 21.254 time limits are triggered by actual receipt and not constructive receipt, and under Rule 4 of the Texas Rules of Civil Procedure, Martin’s petition was timely filed by October 3rd. The trial court erred by impliedly applying the mailbox rule.