John Anthony Hernandez v. Lilian Zusana Corado Office of the Attorney General of Texas

• Court: Court of Appeals of Texas
• Decided: May 21, 2024
• Docket: 01-24-00024-CV
• Status: Published

Opinion

Opinion issued May 21, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00024-CV ——————————— JOHN ANTHONY HERNANDEZ, Appellant V. LILIAN ZUSANA CORADO; OFFICE OF THE ATTORNEY GENERAL OF TEXAS, Appellees

On Appeal from the 328th District Court Fort Bend County, Texas Trial Court Case No. 22-DCV-297012

MEMORANDUM OPINION

Appellant John Anthony Hernandez attempts to appeal from the trial court’s

judgment signed October 9, 2023.

Generally, a notice of appeal is due within thirty days after the judgment is

signed. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is extended to 90 days after the date the judgment is signed if any 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). The time to file a notice of appeal may also be extended if, within

15 days after the deadline to file the notice of appeal, a party properly files a motion

for extension. See TEX. R. APP. P. 10.5(b), 26.3.

The record reflects that the trial court signed the final judgment on October 9,

2023, and no motions to extend the deadline to file a notice of appeal were timely

filed. Therefore, appellant’s notice of appeal was due by November 8, 2023. See

TEX. R. APP. P. 26.1(a).

Appellant untimely filed his notice of appeal on January 9, 2024. Without a

timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See TEX.

R. APP. P. 25.1.

On April 25, 2024, we notified appellant that his appeal was subject to

dismissal for want of jurisdiction unless he filed a response showing grounds for

continuing the appeal. See TEX. R. APP. P. 42.3(a). Appellant filed a response but

has not demonstrated that we have jurisdiction over this appeal.

Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP.

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

2 PER CURIAM

Panel consists of Chief Justice Adams and Justices Kelly and Goodman.