Samuel R Casey, Jr., as Legal Heir to Floyd Adair v. Fort Bend Independent School District; Fort Bend County; Fort Bend County Emergency Service District 7; Fort Bent County General Fund; Fort Bend County Fresh Water Supply District 01; Fort Bend County Drainage District

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: April 16, 2026
• Docket: 01-25-00491-CV
• Status: Published

Opinion

Opinion issued April 16, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-25-00491-CV ——————————— SAMUEL R. CASEY, JR., AS LEGAL HEIR TO FLOYD ADAIR, Appellant V. FORT BEND INDEPENDENT SCHOOL DISTRICT; FORT BEND COUNTY; FORT BEND COUNTY EMERGENCY SERVICE DISTRICT #7; FORT BEND COUNTY GENERAL FUND; FORT BEND COUNTY FRESH WATER SUPPLY DISTRICT #01; AND FORT BEND COUNTY DRAINAGE DISTRICT, Appellees

On Appeal from the 400th District Court Fort Bend County, Texas Trial Court Case No. 19-DCV-258410

MEMORANDUM OPINION

Appellant is attempting to appeal from a final judgment signed on September

30, 2024. Appellant filed a notice of appeal on July 1, 2025. We dismiss the appeal. A notice of appeal is generally required to be filed within 30 days after the

judgment is signed. See TEX. R. APP. P. 26.1. This 30-day deadline may be extended

to 90 days after the judgment is signed if an appellant files a timely motion for new

trial or other post-judgment motion. See TEX. R. CIV. P. 329b. The appellate court

may also extend the time to file the notice of appeal if, within 15 days after the

deadline for filing it, an appellant files the notice of appeal in the trial court and files

a motion for extension of time in the appellate court. See TEX. R. APP. P. 26.3.

Appellant filed his notice of appeal more than 9 months after the final

judgment was signed. Therefore, his notice of appeal is untimely. The Court advised

appellant by notice issued on February 3, 2026 that his notice of appeal was untimely

and the Court might dismiss the appeal for lack of jurisdiction unless he filed a

response establishing this Court’s jurisdiction. Appellant did not respond.

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

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

PER CURIAM Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.