Kara Speziale v. Woodforest Owners Association, Inc.

• Court: Court of Appeals of Texas
• Decided: October 31, 2024
• Docket: 09-24-00284-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-24-00284-CV __________________

KARA SPEZIALE, Appellant

V.

WOODFOREST OWNERS ASSOCIATION, INC., Appellee

__________________________________________________________________

On Appeal from the 284th District Court Montgomery County, Texas Trial Cause No. 24-04-05002-CV __________________________________________________________________

MEMORANDUM OPINION

On May 24, 2024, the trial court signed a final judgment dismissing with

prejudice Kara Speziale’s lawsuit against Woodforest Owners Association, Inc. and

awarding the Association attorney’s fees in the amount of $8,518.50. Speziale filed

a notice of appeal on August 22, 2024. After Speziale filed her notice of appeal,

Woodforest Owners Association, Inc. challenged this Court’s jurisdiction in a

motion to dismiss. Speziale did not respond to the motion to dismiss the appeal.

1 The trial court granted a motion to dismiss under the Texas Citizens

Participation Act. See Tex. Civ. Prac. & Rem. Code Ann. §§ 27.003, 27.005(b). “An

appellate court shall expedite an appeal or other writ, whether interlocutory or not,

from a trial court order on a motion to dismiss a legal action under Section 27.003

or from a trial court’s failure to rule on that motion in the time prescribed by Section

27.005.” Id. § 27.008(b). When an appeal is expedited by statute, the notice of appeal

must be filed within 20 days of the date the motion is ruled upon by court order or

by operation of law. See id., see also Tex. R. App. P. 26.1(b), 28.1(a). Speziale failed

to file a notice of appeal within the time required by Rule 26.1(b), and she further

failed to file a notice of appeal within the time this Court may grant an extension of

time for filing a notice of appeal for an accelerated appeal. See Tex. R. App. P. 26.3.

Accordingly, we grant Appellee’s motion to dismiss and we dismiss the appeal for

lack of jurisdiction. See id. 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on October 30, 2024 Opinion Delivered October 31, 2024

Before Golemon, C.J., Johnson and Chambers, JJ.