Matthew Perkins and Shannon Perkins v. the Woodlands Township, a Political Subdivision of the State of Texas

• Court: Court of Appeals of Texas
• Decided: June 26, 2025
• Docket: 09-25-00169-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-25-00169-CV __________________

MATTHEW PERKINS AND SHANNON PERKINS, Appellant

V.

THE WOODLANDS TOWNSHIP, A POLITICAL SUBDIVISION OF THE STATE OF TEXAS, Appellee

__________________________________________________________________

On Appeal from the 457th District Court Montgomery County, Texas Trial Cause No. 22-04-04924-CV __________________________________________________________________

MEMORANDUM OPINION

Appellants Matthew Perkins and Shannon Perkins filed a notice of appeal and

a motion for extension of time to file their notice of appeal. On May 23, 2025, the

Court notified the parties that they filed their notice of appeal outside the time for

which an extension of time may be granted for perfecting an appeal. We warned the

parties that the appeal would be dismissed for lack of jurisdiction unless grounds

were shown for continuing the appeal.

1 The trial court signed the judgment on January 3, 2025. Appellants filed a

motion for new trial within thirty days. The notice of appeal was due on April 3,

2025, ninety days after the date of judgment. Appellants filed their notice of appeal

on May 5, 2025, more than fifteen days after the due date for a notice of appeal.

The Court finds that the notice of appeal was not timely filed. See Tex. R.

App. P. 26.1(a). The notice of appeal was not filed within the time permitted for an

extension of time to file a notice of appeal. See id. 26.3. Accordingly, we dismiss the

appeal for lack of jurisdiction. See id. 42.3(a), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on June 25, 2025 Opinion Delivered June 26, 2025

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