Quality Property Solutions, LLC v. Steffernie Shaw

• Court: Court of Appeals of Texas
• Decided: September 21, 2023
• Docket: 01-23-00016-CV
• Status: Published

Opinion

Opinion issued September 21, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00016-CV ——————————— QUALITY PROPERTY SOLUTIONS, LLC, Appellant V. STEFFERNIE SHAW, Appellee

On Appeal from the Probate Court No. 2 Harris County, Texas Trial Court Case No. 446657-401

MEMORANDUM OPINION

Appellant Quality Property Solutions, LLC attempts to appeal from the trial

court’s judgment signed August 18, 2022.

Generally, a notice of appeal is due within thirty days after the judgment is

signed. See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is extended

to 90 days after the date the judgment is signed if any 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). The time to file a notice of appeal may also be extended if, within

15 days after the deadline to file the notice of appeal, a party properly files a motion

for extension. See TEX. R. APP. P. 10.5(b), 26.3.

The record reflects that the trial court signed the final judgment on August 18,

2022. Appellant timely filed a motion for new trial on September 19, 2022. See TEX.

R. CIV. P. 329b(a). Therefore, appellant’s notice of appeal was due by November

16, 2022. See TEX. R. APP. P. 26.1(a).

Appellant untimely filed his notice of appeal on December 30, 2022. Without

a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See TEX.

R. APP. P. 25.1.

On August 21, 2023, we notified appellant that the appeal was subject to

dismissal for want of jurisdiction unless, by August 31, 2023, it filed a response

showing grounds for continuing the appeal. See TEX. R. APP. P. 42.3(a). Appellant

has not adequately responded to our notice.

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

P. 43.2(f). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Chief Justice Adams and Justices Hightower and Countiss.