Billy Lee Williamson v. Geico County Mutual Insurance Company

• Court: Court of Appeals of Texas
• Decided: February 27, 2025
• Docket: 01-24-00816-CV
• Status: Published

Opinion

Opinion issued February 27, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00816-CV ——————————— BILLY LEE WILLIAMSON, Appellant V. GEICO COUNTY MUTUAL INSURANCE COMPANY, Appellee

On Appeal from the County Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1186749

MEMORANDUM OPINION

Appellant Billy Lee Williamson, proceeding pro se, is attempting to appeal

from a judgment signed December 8, 2022. We dismiss for lack of jurisdiction.

A notice of appeal is generally required to be filed within 30 days after the

judgment is signed. See TEX. R. APP. P. 26.1. This 30-day deadline may be extended to 90 days after the judgment is signed if appellant files a timely motion for new trial

or other post-judgment motion. See TEX. R. CIV. P. 329b. The appellate court may

also extend the time to file the notice of appeal if, within 15 days after the deadline

for filing it, appellant files the notice of appeal in the trial court and files a motion

for extension of time in the appellate court. See TEX. R. APP. P. 26.3.

In this case, appellant did not file a notice of appeal until almost two years

after the judgment was signed. Therefore, the notice of appeal is untimely. The

Court issued a notice to appellant on January 30, 2025, advising that the appeal was

subject to dismissal unless appellant filed a response by February 7, 2025,

establishing that the Court had jurisdiction. Appellant filed a response on February

21, 2025, claiming he was not properly served with process in the trial court and was

deprived of due process. This argument does not establish that we have jurisdiction.

Absent a timely-filed notice of appeal, this Court lacks jurisdiction over the appeal.

See In the Interest of K.A.F., A Child, 160 S.W.3d 923, 928 (Tex. 2005).

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

P. 42.3(a), 43.2(f). Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.