Clarence Gray v. Hancock Mortgage Partners, LLC and Beard the Builder, LLC Dba Urban Builder

• Court: Court of Appeals of Texas
• Decided: February 20, 2025
• Docket: 01-25-00053-CV
• Status: Published

Opinion

Opinion issued February 20, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00053-CV ——————————— CLARENCE GRAY, Appellant V. HANCOCK MORTGAGE PARTNERS, LLC AND BEARD THE BUILDER, LLC DBA URBAN BUILDER, Appellees

On Appeal from the 405th District Court Galveston County, Texas Trial Court Case No. 22-CV-1677

MEMORANDUM OPINION

This is an attempted appeal from an August 22, 2024 order granting a motion

for summary judgment. The clerk’s record contains a motion to set aside the

judgment, filed on September 23, 2024. On December 23, 2024, the trial court

signed an order denying the motion to set aside the judgment. Appellant filed a notice of appeal on January 21, 2025. Appellees filed a motion to dismiss the appeal.

Appellant has not responded to this motion. We grant appellees’ motion.

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.

Here, appellant’s notice of appeal was filed more than 150 days after the

judgment was signed. 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).

We dismiss the appeal. See TEX. R. APP. P. 42.3(a), 43.2(f). Any pending

motions are dismissed as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Gunn and Guiney.