Lanesha Gardner v. Alamo Estates

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00121-CV

Lanesha GARDNER, Appellant

v.

ALAMO ESTATES, Appellee

From the County Court at Law No. 10, Bexar County, Texas Trial Court No. 2025-CV-02677 Honorable David J. Rodriguez, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice Lori I. Valenzuela, Justice Lori Massey Brissette, Justice

Delivered and Filed: May 13, 2026

DISMISSED FOR LACK OF JURISDICTION

“A timely notice of appeal is necessary to invoke this court’s jurisdiction.” In re L.R.S.,

No. 04-20-00507-CV, 2020 WL 7365444, at *1 (Tex. App.—San Antonio Dec. 16, 2020, no pet.)

(mem. op.). Generally, a party’s notice of appeal must be filed within thirty days after a judgment

is signed. See TEX. R. APP. P. 26.1. However, if any party timely files a motion for new trial, a

motion to modify judgment, a motion to reinstate under Rule 165a of the Texas Rules of Civil 04-26-00121-CV

Procedure, or a proper request for findings of fact and conclusions of law, the notice of appeal

must be filed within ninety days after a judgment is signed. See id. 26.1(a).

Appellant attempts to appeal the trial court’s final judgment awarding possession of real

property to the appellee in the underlying forcible detainer action. The trial court signed the final

judgment on May 8, 2025. Because appellant did not file a motion for new trial, motion to modify

judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the

notice of appeal was due to be filed on June 9, 2025. See TEX. R. APP. P. 26.1. A motion for

extension of time to file the notice of appeal was due on June 24, 2025. See TEX. R. APP. P. 26.3.

However, appellant did not file her notice of appeal until February 12, 2026, and she did not file a

motion for extension of time.

On March 4, 2026, we advised appellant that it appeared her notice of appeal was not timely

filed, and we ordered appellant to show cause in writing why this appeal should not be dismissed

for lack of jurisdiction. See TEX. R. APP. P. 42.3(a); Verburgt v. Dorner, 959 S.W.2d 615, 617

(Tex. 1997). To date, appellant has not responded to our order. Accordingly, we dismiss this

appeal for lack of jurisdiction. See Campbell v. Leal, No. 04-12-00654-CV, 2012 WL 5874622,

at *1 (Tex. App.—San Antonio Nov. 21, 2012, no pet.) (“[A]bsent a timely filed notice of appeal,

we must dismiss the appeal.” (citing Verburgt, 959 S.W.2d at 617)); TEX. R. APP. P. 26.1; TEX. R.

APP. P. 42.3(a).

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