Leonard Mark Storemski v. Deborah Storemski

• Court: Court of Appeals of Texas
• Decided: July 18, 2024
• Docket: 01-24-00291-CV
• Status: Published

Opinion

Opinion issued July 18, 2024

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-24-00291-CV ——————————— LEONARD MARK STOREMSKI, Appellant V. DEBORAH KAY CRAWFORD, Appellee

On Appeal from the 245th District Court Harris County, Texas Trial Court Case No. 2011-00251

MEMORANDUM OPINION

Appellant, Leonard Mark Storemski, incarcerated and proceeding pro se, filed

a notice of appeal from the trial court’s January 24, 2024 “Order in Suit for

Modification of Support Order and to Confirm Support Arrearage.”

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

dismiss the 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 order or judgment. See TEX. R. APP. P. 26.1. The deadline to file a notice of

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

the judgment 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 and a motion for extension of time to file a notice of appeal that complies

with Texas Rule of Appellate Procedure 10.5(b). See TEX. R. APP. P. 10.5(b), 26.3.

Here, the trial court signed its “Order in Suit for Modification of Support

Order and to Confirm Support Arrearage” on January 24, 2024. The record does not

2 reflect that any post-judgment motions extending the notice-of-appeal deadline were

filed. Accordingly, appellant’s notice of appeal was due within thirty days after the

trial court’s order was signed—on or before February 23, 2024—or by March 11,

2024 with a fifteen-day extension. See TEX. R. APP. P. 4.1(a), 26.1, 26.3. However,

appellant did not file his notice of appeal of the trial court’s order until April 5, 2024.

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

appeal. See TEX. R. APP. P. 25.1. On June 4, 2024, the Clerk of this Court notified

appellant that his appeal was subject to dismissal for lack of jurisdiction unless,

within fourteen 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). Appellant did not adequately respond.

Accordingly, 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 Landau, Countiss, and Guerra.