Turron Washington v. Latrina Isaac

• Court: Court of Appeals of Texas
• Decided: December 12, 2023
• Docket: 01-23-00545-CV
• Status: Published

Opinion

Opinion issued December 12, 2023

In The

Court of Appeals For The

First District of Texas ———————————— NO. 01-23-00545-CV ——————————— TURRON WASHINGTON, Appellant V. LATRINA ISAAC, Appellee

On Appeal from the 309th District Court Harris County, Texas Trial Court Case No. 2012-70071

MEMORANDUM OPINION

Appellant is attempting to appeal from a divorce decree signed on November

18, 2013. Appellant filed a notice of appeal on July 25, 2023.

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 appellant files a timely motion for new trial

or other post-judgment motion. See TEX. R. APP. P. 26.1(a). The appellate court

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

deadline for filing it, 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.

In this case, appellant did not file a notice of appeal until more than ten years

after the judgment was signed. Therefore, the notice of appeal is untimely. Absent

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

the Interest of K.A.F., A Child, 160 S.W.3d 923, 927–28 (Tex. 2005).

On August 17, 2023, the Court issued a notice that the appeal might be

dismissed for want of jurisdiction unless appellant filed a response establishing that

this Court had jurisdiction. Appellant filed no response.

Accordingly, the Court dismisses this appeal for lack of jurisdiction. Any

pending motions are dismissed as moot.

PER CURIAM Panel consists of Justices Kelly, Hightower, and Guerra.