Maria Nava Hernandez v. GSMV the Bellfort Owner LLC

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: April 16, 2026
• Docket: 01-26-00013-CV
• Status: Published

Opinion

Opinion issued April 16, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-26-00013-CV ——————————— MARIA NAVA HERNANDEZ, Appellant V. GSMV THE BELLFORT OWNER LLC, Appellee

On Appeal from the County Civil Court at Law No. 1 Harris County, Texas Trial Court Case No. 1260922

MEMORANDUM OPINION

Appellant is attempting to appeal from a final judgment signed on October 20,

2025. The clerk’s record contains no post-judgment motion that would extend the

deadline for filing a notice of appeal. Appellant filed her notice of appeal on

December 12, 2025. We issued a notice that the Court might dismiss her appeal unless she filed a response establishing this Court’s jurisdiction and appellant did

not respond. We dismiss.

A notice of appeal is generally required to be filed within thirty days after

judgment is signed. See TEX. R. APP. P. 26.1. This deadline may be extended to

ninety days after the judgment is signed if appellant files a timely post-judgment

motion such as a motion for new trial. See TEX. R. CIV. P. 329b. The appellate court

may also extend the time to file the notice of appeal if, within fifteen days after the

deadline for filing the notice, appellant files the notice of appeal in the trial court and

a motion for extension of time in the appellate court. See TEX. R. APP. P. 26.3.

In this case, appellant did not file a notice of appeal until more than fifty-three

(53) days after the judgment was signed. The provision for extension of time to file

the notice of appeal in Rule 26.3 was inapplicable because appellant did not file the

notice of appeal within fifteen days after the deadline. See id. Because the notice

of appeal was not timely filed, this Court lacks jurisdiction over the appeal. See In

the Interest of K.A.F., A Child, 160 S.W.3d 923, 928 (Tex. 2005).

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

P. 42.3(a), 43.2(f). Any pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Gunn, Caughey, and Morgan.