Isaac S. Achobe v. North Mission Glen Homeowner Association Inc.

• Court: Court of Appeals of Texas
• Decided: July 16, 2024
• Docket: 01-24-00051-CV
• Status: Published

Opinion

Opinion issued July 16, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00051-CV ——————————— ISAAC S. ACHOBE, Appellant V. NORTH MISSION GLEN HOMEOWNER ASSOCIATION INC., Appellee

On Appeal from the 240th District Court Fort Bend County, Texas Trial Court Case No. 19-DCV-269884

MEMORANDUM OPINION

On January 18, 2024, appellant Isaac S. Achobe, proceeding pro se, filed a

notice of appeal from the trial court’s January 20, 2022 final judgment.

We dismiss the appeal for lack of jurisdiction. 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.

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

court’s January 20, 2022 final judgment, appellant was required to file a notice of

appeal on or before February 22, 2022. Appellant’s January 18, 2024 notice of

appeal was therefore not timely filed.

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). Post-judgment motions generally must

be filed within thirty days after the judgment or other order complained of is signed.

See TEX. R. CIV. P. 329b(a), (g).

The appellate record does not reflect that appellant filed any post-judgment

motion with the trial court. Accordingly, appellant’s January 18, 2024 notice of

appeal was not timely filed to invoke the jurisdiction of this Court. See TEX. R. APP.

P. 25.1(a)(1).

On May 30, 2024, the Clerk of this Court notified appellant that his notice of

appeal from the trial court’s January 20, 2022 final judgment was not timely filed.

Appellant was directed to file a written response within ten days demonstrating, with

citation to law and the record, that the Court had jurisdiction over the appeal. Despite

2 notice that the appeal was subject to dismissal, appellant did not adequately respond

to the May 30, 2024 notice.

Accordingly, we 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 Justices Hightower, Rivas-Molloy, and Farris.