Mohammed A. Ragheb v. AFC Companies LLC, Hany Abdelmalek, Firas Al Batainah, and France Limousine Co.

• Court: Court of Appeals of Texas
• Decided: November 25, 2024
• Docket: 05-24-00933-CV
• Status: Published

Opinion

Dismiss and Opinion Filed November 25, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00933-CV

MOHAMMED A. RAGHEB, Appellant V. AFC COMPANIES LLC, HANY ABDELMALEK, FIRAS AL BATAINAH, AND FRANCE LIMOUSINE CO., Appellees

On Appeal from the 298th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-23-03988

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Smith Opinion by Justice Reichek We questioned our jurisdiction over this appeal from the trial court’s

December 1, 2023 final summary judgment as it appeared untimely filed. See

Mitschke v. Borromeo, 645 S.W.3d 251, 260 (Tex. 2022) (timely filing of notice of

appeal is jurisdictional). As reflected in the record, a motion for new trial was filed

on December 29, 2023, making the notice of appeal due February 29, 2024, or with

an extension motion, March 15, 2024. See TEX. R. APP. P. 26.1, 26.1(a) (together

providing that notice of appeal is due within thirty days of date judgment is signed,

or with timely filed motion for new trial, within ninety days of judgment), 26.3 (providing fifteen-day extension period); see also TEX. R. CIV. P. 329b(d) (motion

for new trial is timely if filed within thirty days of judgment). The notice of appeal,

however, was not filed until August 5, 2024.

At our direction, appellant filed a jurisdictional letter brief. In the letter brief,

appellant asserted the notice of appeal was timely because it was filed within thirty

days of the trial court’s July 24, 2024 order denying the new trial motion. The

deadline for filing a notice of appeal, however, runs from the date of judgment not

the date the order denying a new trial motion is signed. See Puckett v. Frizzell, 402

S.W.2d 148, 151 (Tex. 1966); Bryer v. Millennium Rest. Grp. Inc., No. 05-19-00915-

CV, 2019 WL 4126609, at *1 (Tex. App.—Dallas Aug. 30, 2019, no pet.) (mem.

op.).

Because appellant’s notice of appeal was filed untimely, we dismiss the

appeal. See TEX. R. APP. P. 42.3(a).

/Amanda L. Reichek// 240933f.p05 AMANDA L. REICHEK JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

MOHAMMED A. RAGHEB, On Appeal from the 298th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-23-03988. No. 05-24-00933-CV V. Opinion delivered by Justice Reichek, Justices Molberg and Smith AFC COMPANIES LLC, HANY participating. ABDELMALEK, FIRAS AL BATAINAH, AND FRANCE LIMOUSINE CO., Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered this 25th day of November, 2024.

–3–