Abdul Rehman v. Elite Distributors, Inc. D/B/A Johnny's Custom Jewelry

• Court: Court of Appeals of Texas
• Decided: August 28, 2025
• Docket: 01-25-00439-CV
• Status: Published

Opinion

Opinion issued August 28, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00439-CV ——————————— ABDUL REHMAN, Appellant V. ELITE DISTRIBUTORS, INC. D/B/A JOHNNY’S CUSTOM JEWELRY, Appellee

On Appeal from the 61st District Court Harris County, Texas Trial Court Case No. 2020-38598

MEMORANDUM OPINION

On June 11, 2025, appellant, Abdul Rehman, proceeding pro se, filed a notice

of appeal from the trial court’s March 11, 2025 final judgment. On July 11, 2025,

appellee, Elite Distributors, Inc., doing business as Johnny’s Custom Jewelry, filed a Motion to Dismiss Appeal, arguing that the Court lacked jurisdiction over the

appeal because appellant’s notice of appeal was not timely filed.

We grant appellee’s motion and dismiss the appeal for lack of jurisdiction.

Absent a timely filed notice of appeal, we lack jurisdiction over an appeal.

See TEX. R. APP. P. 25.1. Generally, a notice of appeal of a final judgment must be

filed within thirty days after the entry of judgment. See TEX. R. APP. P. 26.1.

However, where a party timely files certain post-judgment motions, the deadline to

file a notice of appeal is extended to ninety days after the entry of judgment. See

TEX. R. APP. P. 26.1(a)(1).

The record does not reflect that appellant filed a post-judgment motion in the

trial court. Accordingly, to invoke this Court’s appellate jurisdiction over the trial

court’s March 11, 2025 judgment, appellant was required to file a notice of appeal

on or before April 10, 2025. Appellant’s June 11, 2025 notice of appeal was not

timely filed.

The time within which to file a notice of appeal may be enlarged, however, if,

within fifteen days after the deadline for filing the notice of appeal, an appellant files

a notice of appeal in the trial court and a motion for extension of time to file the

notice of appeal in the appellate court. See TEX. R. APP. P. 10.5(b), 26.3.

Accordingly, to invoke this Court’s appellate jurisdiction, appellant was

required to file a notice of appeal in the trial court and a motion for extension of time

2 to file a notice of appeal in the appellate court on or before April 25, 2025. See TEX.

R. APP. P. 26.1(a)(1), 26.3. Appellant’s June 11, 2025 notice of appeal was therefore

not timely filed, and appellant did not file a motion for extension of time to file a

notice of appeal in this Court. Because appellant failed to file a timely notice of

appeal, we lack jurisdiction over this appeal.

Appellee’s motion to dismiss does not include a certificate of conference

stating whether all other parties are opposed to the relief requested. See TEX. R. APP.

P. 10.1(a)(5). However, more than ten days have passed, and appellant has not

responded to appellee’s motion to dismiss. See TEX. R. APP. P. 10.3(a).

Accordingly, we grant appellee’s motion and dismiss the appeal for lack of

jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). All pending motions are dismissed

as moot.

PER CURIAM

Panel consists of Justices Guerra, Gunn, and Dokupil.