In the Estate of James Perry Allen, Jr. v. the State of Texas

Tex. App. Ct., 1st Dist. (Houston)

In the Estate of James Perry Allen, Jr. v. the State of Texas

Texas Court of Appeals, 1st District (Houston)·Decided August 11, 2026·No. 01-26-00718-CV·Published

Opinion

Opinion issued August 11, 2026

In The

Court of Appeals

For The

First District of Texas

untimely notice of appeal. A second group of appellees1 has also filed a motion to dismiss on the same ground. Appellant has not filed a response. We grant the motions and dismiss for the reasons below.

Absent a timely notice of appeal, filed within 30 days of a final judgment or within 20 days of an appealable interlocutory order, or a valid extension of the deadline, this Court lacks jurisdiction. See TEX. R. APP. P. 26.1; 26.3.

Appellant attempts to appeal the trial court's order approving the sale of real property, signed on April 10, 2026, in a probate proceeding. The notice of appeal was filed on May 29, 2026. Appellant did not move for a new trial or make another motion extending the deadline, 2 and appellant did not seek an extension of time to file a notice of appeal. See TEX. R. APP. P. 26.1, 26.3, 10.5(b). Appellant's May 29, 2026 notice of appeal was untimely, regardless of whether the notice of appeal was due on April 30, under the 20-day deadline, or on May 11, 2026, under the 30-day deadline. See TEX. R. APP. P. 26.1

1 The second group of appellees is Margaret Elaine Allen, individually and as Independent Administrator of the Estate of Roy Freeman Allen; Joyce Allen Rives;

and Billy Wayne Bingham, Independent Executor of the Estate of Eloise Allen Bingham 2 Though the record is not yet filed, the Court takes judicial notice that there is no qualified deadline extending motion following the April 10, 2026 order on the trial court’s publicly accessible docket. See TEX. R. APP. P 26.1(a); See Air Drilling Assocs., Inc. v. Staak, No. 01-24-00507-CV, 2026 WL 191717, at *1n.1 (Tex. App.-

-Houston [1st Dist.] Jan. 22, 2026, no pet.) (“We take judicial notice of the trial court's online docket.”)

Accordingly, we grant appellees’ motions to dismiss and dismiss the appeal for want 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 Chief Justice Adams, Justices Rivas-Molloy and Guiney.

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Opinion issued August 11, 2026

In The

Court of Appeals

For The

First District of Texas

untimely notice of appeal. A second group of appellees1 has also filed a motion to dismiss on the same ground. Appellant has not filed a response. We grant the motions and dismiss for the reasons below.

Absent a timely notice of appeal, filed within 30 days of a final judgment or within 20 days of an appealable interlocutory order, or a valid extension of the deadline, this Court lacks jurisdiction. See TEX. R. APP. P. 26.1; 26.3.

Appellant attempts to appeal the trial court's order approving the sale of real property, signed on April 10, 2026, in a probate proceeding. The notice of appeal was filed on May 29, 2026. Appellant did not move for a new trial or make another motion extending the deadline, 2 and appellant did not seek an extension of time to file a notice of appeal. See TEX. R. APP. P. 26.1, 26.3, 10.5(b). Appellant's May 29, 2026 notice of appeal was untimely, regardless of whether the notice of appeal was due on April 30, under the 20-day deadline, or on May 11, 2026, under the 30-day deadline. See TEX. R. APP. P. 26.1

1 The second group of appellees is Margaret Elaine Allen, individually and as Independent Administrator of the Estate of Roy Freeman Allen; Joyce Allen Rives;

and Billy Wayne Bingham, Independent Executor of the Estate of Eloise Allen Bingham 2 Though the record is not yet filed, the Court takes judicial notice that there is no qualified deadline extending motion following the April 10, 2026 order on the trial court’s publicly accessible docket. See TEX. R. APP. P 26.1(a); See Air Drilling Assocs., Inc. v. Staak, No. 01-24-00507-CV, 2026 WL 191717, at *1n.1 (Tex. App.-

-Houston [1st Dist.] Jan. 22, 2026, no pet.) (“We take judicial notice of the trial court's online docket.”)

Accordingly, we grant appellees’ motions to dismiss and dismiss the appeal for want 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 Chief Justice Adams, Justices Rivas-Molloy and Guiney.

In the Estate of James Perry Allen, Jr. v. the State of Texas, (Tex. Ct. App. 2026).

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