Alphonso R. Martinez Jr. and Marina Del Transito Martinez v. Fort Bend Independent School District, Fort Bend County, Fort Bend County Drainage District, Fort Bend County Emergency Service District 7, Fort Bend County General Fund

• Court: Court of Appeals of Texas
• Decided: December 31, 2024
• Docket: 01-24-00640-CV
• Status: Published

Opinion

Opinion issued December 31, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00640-CV ——————————— ALPHONSO R. MARTINEZ JR. AND MARINA DEL TRANSITO MARTINEZ, Appellants V. FORT BEND INDEPENDENT SCHOOL DISTRICT, FORT BEND COUNTY, FORT BEND COUNTY DRAINAGE DISTRICT, FORT BEND COUNTY EMERGENCY SERVICE DISTRICT #7, FORT BEND COUNTY GENERAL FUND, Appellees

On Appeal from the 400th District Court Fort Bend County, Texas Trial Court Case No. 20-DCV-275703 MEMORANDUM OPINION

Appellants Alphonso R. Martinez Jr. and Marina del Transito Martinez,

proceeding pro se, filed a notice of appeal from the trial court’s March 16, 2023 final

judgment. We dismiss the appeal for lack of jurisdiction.

Any party “seek[ing] to alter [a] trial court’s judgment” must timely file a

notice of appeal. TEX. R. APP. P. 25.1(c). If a party fails to timely file a notice of

appeal, we have no jurisdiction to address the merits of that party’s appeal and must

dismiss the appeal. See TEX. R. APP. P. 25.1(b); In re K.L.L., 506 S.W.3d 558, 560

(Tex. App.—Houston [1st Dist.] 2016, no pet.) (without timely notice of appeal,

appellate court lacks jurisdiction over appeal); Brashear v. Victoria Gardens of

McKinney, L.L.C., 302 S.W.3d 542, 545–46 (Tex. App.—Dallas 2009, no pet.)

(timely filing of notice of appeal is jurisdictional prerequisite).

Generally, a notice of appeal is due within thirty days after the trial court signs

its order or judgment. See TEX. R. APP. P. 26.1. The deadline to file a notice of

appeal is extended to ninety days after the judgment is signed if, within thirty days

after the judgment is signed, a party timely files a motion for new trial, motion to

modify the judgment, motion to reinstate, or, under certain circumstances, a request

for findings of fact and conclusions of law. See TEX. R. APP. P. 26.1(a); see also

TEX. R. CIV. P. 329b. The time to file a notice of appeal may also be extended if,

within fifteen days after the deadline to file the notice of appeal, a party files a notice

2 of appeal and a motion for extension of time to file a notice of appeal that complies

with Texas Rule of Appellate Procedure 10.5(b). See TEX. R. APP. P. 10.5(b), 26.3.

The trial court signed the final judgment from which Appellants appeal on

March 16, 2023. Appellants timely filed a motion for new trial, extending the

deadline to file their notice of appeal to ninety days after the trial court signed its

judgment. Appellants’ notice of appeal was thus due on or before June 14, 2023 or

by June 29, 2023 with a 15-day extension. See TEX. R. APP. P. 26.1, 26.3.

Appellants did not file their notice of appeal until August 27, 2024, more than one

year after the deadline, making their notice of appeal untimely.

Without a timely filed notice of appeal, we lack jurisdiction over Appellants’

appeal. See TEX. R. APP. P. 25.1. On October 17, 2024, the Clerk of this Court

notified Appellants that their appeal was subject to dismissal for lack of jurisdiction

unless, within fourteen days of the date of the notice, they filed a written response

demonstrating that this Court has jurisdiction over their appeal. See TEX. R. APP. P.

42.3(a). Appellants requested an extension to respond. The deadline for a response

was extended until December 20, 2024. To date, Appellants have not responded.

Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP.

P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Rivas-Molloy and Gunn.