James Ortiz v. Ernesto Flores

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: January 29, 2026
• Docket: 01-25-00803-CV
• Status: Published

Opinion

Opinion issued January 29, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00803-CV ——————————— JAMES ORTIZ, Appellant V. ERNESTO FLORES, Appellee

On Appeal from 61st District Court Harris County, Texas Trial Court Case No. 2024-43550

MEMORANDUM OPINION

On September 29, 2025, Appellant James Ortiz, proceeding pro se, filed a

notice of appeal from the trial court’s April 23, 2025 order dismissing the matter for

want of prosecution.

We dismiss the appeal for lack of jurisdiction. Any party “seek[ing] to alter the trial court’s . . . appealable order” must timely

file a notice of appeal. TEX. R. APP. P. 25.1(c). If a party fails to timely file a notice

of appeal, we have no jurisdiction to address the merits of that party’s appeal. See

TEX. R. APP. P. 25.1(b); In re K.L.L., 506 S.W.3d 558, 560 (Tex. App.—Houston

[1st Dist.] 2016, no pet.) (without timely notice of appeal, appellate court lacks

jurisdiction over appeal); Brashear v. Victoria Gardens of McKinney, L.L.C., 302

S.W.3d 542, 545–46 (Tex. App.—Dallas 2009, no pet.) (timely filing of notice of

appeal is jurisdictional prerequisite).

Generally, a notice of appeal is due within thirty days after the trial court signs

its judgment or final order. See TEX. R. APP. P. 26.1. The deadline to file a notice

of appeal is extended to ninety days after the final order is signed if, within thirty

days after the final order is signed, a party timely files a motion for new trial, motion

to modify the judgment, motion to reinstate, or, under certain circumstances, a

request for findings of fact and conclusions of law. See TEX. R. APP. P. 26.1(a); see

also TEX. R. CIV. P. 329b. The time to file a notice of appeal may also be extended

if, within fifteen days after the deadline to file the notice of appeal, a party files a

notice of appeal in the trial court and a motion for extension of time to file a notice

of appeal. See TEX. R. APP. P. 10.5(b), 26.3.

The trial court signed the challenged order on April 23, 2025. There is nothing

in the record reflecting that any post-judgment motions were filed. Appellant’s

2 notice of appeal was thus due on May 23, 2025, or by June 9, 2025 with a 15-day

extension. See TEX. R. APP. P. 4.1(a), 26.1, 26.3. Appellant did not file his notice

of appeal until September 29, 2025 making his notice of appeal untimely.

Without a timely filed notice of appeal, we lack jurisdiction over Appellant’s

appeal. See TEX. R. APP. P. 25.1. On December 11, 2025, the Clerk of this Court

notified Appellant that his appeal was subject to dismissal for lack of jurisdiction

unless, within ten days of the date of the notice, he filed a written response

demonstrating that this Court has jurisdiction over his appeal. See TEX. R. APP. P.

42.3(a). To date, Appellant has not responded.

We dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a),

43.2(f). We dismiss any pending motions as moot.

PER CURIAM Panel consists of Justices Rivas-Molloy, Guiney, and Morgan.