Terry Akwue v. Discover Bank

• Court: Texas Court of Appeals, 1st District (Houston)
• Decided: April 14, 2026
• Docket: 01-26-00066-CV
• Status: Published

Opinion

Opinion issued April 14, 2026

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-26-00066-CV ——————————— TERRY AKWUE, Appellant V. DISCOVER BANK, Appellee

On Appeal from the Co Civil Court at Law No. 2 Harris County, Texas Trial Court Case No. 1253222

MEMORANDUM OPINION

Appellant Terry Akwue filed his notice of appeal on January 7, 2026, seeking

to appeal the trial court’s order entered 103 days earlier, on September 26, 2025.

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 September

26, 2025. Appellant filed a motion for new trial in the trial court. Therefore,

appellant’s notice of appeal was due by December 26, 2025. See TEX. R. APP. P.

26.1; 4.1. Appellant did not file his notice of appeal until January 7, 2026. Without

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

R. APP. P. 25.1.

On January 8, 2026, we notified appellant that his appeal was subject to

dismissal for want of jurisdiction unless she filed a response showing grounds for

continuing the appeal. See TEX. R. APP. P. 42.3(a) (allowing involuntary dismissal

of case after notice). Appellant did not respond to our notice.

Accordingly, we dismiss this 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 Guerra and Guiney.