Robert Salazar v. HP Texas I LLC Dba HP Texas LLC, HPA Texas SUB 2016-1 LLC, Ser Texas LLC and Pathlight Property Management Co.

• Court: Court of Appeals of Texas
• Decided: October 17, 2023
• Docket: 01-23-00451-CV
• Status: Published

Opinion

Opinion issued October 17, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00451-CV ——————————— ROBERT J. SALAZAR AND ELIA SALAZAR, Appellants V. HP TEXAS I LLC, HPA TEXAS SUB 2016-1 LLC, PATHLIGHT PROPERTY MANAGEMENT, AND SER TEXAS LLC, Appellees

On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2019-17589

MEMORANDUM OPINION

On June 11, 2023, appellants, Robert J. Salazar and Elia Salazar, proceeding

pro se, filed a notice of appeal from the trial court’s February 3, 2023 final judgment.

We dismiss the appeal for lack of jurisdiction. Absent a timely filed notice of appeal, we lack jurisdiction over an appeal.

See TEX. R. APP. P. 25.1. Generally, a notice of appeal from a final judgment must

be filed within thirty days after the entry of judgment. See TEX. R. APP. P. 26.1.

Accordingly, in order to invoke this Court’s appellate jurisdiction over the trial

court’s February 3, 2023 judgment, appellants were required to file a notice of appeal

on or before March 6, 2023. Appellants’ June 11, 2023 notice of appeal was

therefore not timely filed.

However, where a party timely files certain post-judgment motions, the

deadline to file a notice of appeal is extended to ninety days after the entry of

judgment. See TEX. R. APP. P. 26.1(a)(1). Post-judgment motions generally must

be filed within thirty days after the judgment or other order complained of is signed.

See TEX. R. CIV. P. 329b(a), (g).

The appellate record reflects that appellants timely filed a post-judgment

motion with the trial court. Accordingly, appellants’ notice of appeal was due no

later than May 4, 2023. See TEX. R. APP. P. 26.1(a)(1). Thus, appellants’ June 11,

2023 notice of appeal was still not timely filed to invoke the jurisdiction of this

Court. See TEX. R. APP. P. 25.1(a)(1).

On September 19, 2023, the Clerk of this Court notified appellants that their

notice of appeal from the trial court’s February 3, 2023 judgment was not timely

filed. Appellants were directed to file a written response within ten days

2 demonstrating, with citation to law and the record, that the Court had jurisdiction

over the appeal. Despite notice that the appeal was subject to dismissal, appellants

did not adequately respond to the September 19, 2023 notice.

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

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

PER CURIAM

Panel consists of Justices Kelly, Landau, and Farris.