Dawn Knight v. Marshall Paysse

• Court: Court of Appeals of Texas
• Decided: February 25, 2025
• Docket: 01-25-00008-CV
• Status: Published

Opinion

Opinion issued February 25, 2025

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00008-CV ——————————— DAWN KNIGHT, Appellant V. MARSHALL PAYSSE, Appellee

On Appeal from the 122nd District Court Galveston County, Texas Trial Court Case No. 23-CV-2223

MEMORANDUM OPINION

On January 6, 2025, appellant, Dawn Knight, filed a notice of appeal from the

trial court’s September 9, 2024 “Order Granting [Appellee’s] Traditional Motion for

Summary Judgment, and No-Evidence Summary Judgment Brought Under Texas

Rule of Civil Procedure 166(a)(i).” We dismiss the appeal for lack of jurisdiction.

On January 17, 2025, appellee, Marshall Paysse, filed a motion to dismiss the

appeal, arguing that the Court lacked jurisdiction over the appeal because appellant’s

notice of appeal was not timely filed. 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 reflects that appellant filed a motion for new trial in the trial court.

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

September 9, 2024 order, appellant was required to file a notice of appeal on or

before December 9, 2024. Appellant’s January 6, 2025 notice of appeal was not

filed by this deadline.

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, taking the extended time provided by Texas Rule of Appellate

Procedure 26.3 into consideration, to invoke this Court’s appellate jurisdiction,

2 appellant was required to file a notice of appeal in the trial court and a motion for

extension of time to file a notice of appeal in the appellate court on or before

December 27, 2024. See TEX. R. APP. P. 26.1(a)(1), 26.3. Appellant’s January 6,

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 appellant is 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 Chief Justice Adams and Justices Gunn and Guiney.