Mohamed Y Alaoui v. Elizabeth Beem

Opinion

Opinion issued August 31, 2026

In The

Court of Appeals

For The

First District of Texas

Any party “seek[ing] to alter the trial court’s judgment” or final order 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. See TEX. R. APP. P. 25.1(b); In the Interest of 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 (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 judgment or final order. 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 order is signed, a party timely files a motion for new trial, motion to modify the order, 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 in the trial court and a motion for extension of time to file a notice of appeal that complies with Texas Rule of Appellate Procedure 10.5(b) in the appellate court. See TEX. R. APP. P. 10.5(b), 26.3.

3

Here, the trial court signed its order on June 23, 2025. Appellant timely filed a motion for new trial, extending the notice-of-appeal deadline. Thus, appellant’s notice of appeal was due within ninety days after the trial court’s judgment was signed—on or before September 22, 2025—or by October 7, 2025 with a fifteen-day extension. See TEX. R. APP. P. 26.1, 26.3. However, appellant did not file his notice of appeal from the trial court’s order until November 3, 2025, making his notice of appeal untimely. On April 20, 2026, the Clerk of this Court notified appellant that his appeal was subject to dismissal for lack of jurisdiction unless, within ten 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). No response has been filed.

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 Guerra, Gunn, and Morgan.

Footnotes

1. NO. 01-25-00923-CV ——————————— MOHAMED ALAOUI, Appellant V. ELIZABETH BEEM, Appellee On Appeal from the 157th District Court Harris County, Texas Trial Court Case No. 2023-03605 MEMORANDUM OPINION On November 3, 2025, appellant Mohamed Alaoui filed his notice of appeal challenging the trial court’s June 23, 2025 order. We dismiss the appeal for lack of jurisdiction.