William L. Brite v. Basa Development, Ltd.

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-26-00310-CV

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WILLIAM L. BRITE, Appellant V.

BASA DEVELOPMENT, LTD., Appellee

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On Appeal from the County Court at Law No. 6 Montgomery County, Texas

Trial Cause No. 26-35242

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MEMORANDUM OPINION

On July 27, 2026, William L. Brite, a self-represented party, filed a Notice of Appeal from the trial court’s judgment in Trial Cause Number 26-35242, dated June 18, 2026. Brite’s name appears on the notice of appeal, but he did not comply with Rule 9.1(c)(1):

(c) Electronic Signatures. A document that is electronically served, filed, or issued by a court or clerk is considered signed if the document includes: (1) a “/s/” and name typed in the space where the signature would otherwise appear, unless the document is notarized or sworn; or (2) an electronic image or scanned image of the signature.

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Tex. R. App. P. 9.1(c)(1); see also In re Downs, No. 06-25-00127-CV, 2025 Tex. App. LEXIS 10044, at *1 (Tex. App.—Texarkana—Dec. 23, 2025, orig. proceeding) (mem. op.) (“The signature requirement is a matter of the power of the courts to hear a case.”).

On July 27, 2026, we received Brite’s Motion for Extension of Time to File Notice of Appeal. By letter dated July 28, 2026, we notified the parties that it appears the notice of appeal was filed late but within the extension time permitted by Rule 26.3. We notified Appellant that his motion for extension of time was “Received” but not filed because the motion was not signed as required by Rule 9.1(c)(1), and it does not include the required information for Trial Court Case Number 26-35242. See Tex. R. App. P. 10.5(b)(2):

(2) Contents of Motion to Extend Time to File Notice of Appeal. A motion to extend the time for filing a notice of appeal must: (A) comply with (1)(A) and (C); (B) identify the trial court; (C) state the date of the trial court’s judgment or appealable order; and (D) state the case number and style of the case in the trial court.

We directed Appellant to include a reasonable explanation for the late filing of the motion for extension if the motion was not filed within 15 days of the original due date for the notice of appeal. And we notified Appellant that the failure to establish timely filing of the notice of appeal may result in dismissal of the appeal for lack of jurisdiction.

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We note that the defects in the documents we have received from Brite can be cured by amendment and once amended would relate back to the date of the original, non-compliant or defective document. See Grand Prairie Indep. Sch. Dist. v. Southern Parts Imports, Inc., 813 S.W.2d 499, 500 (Tex.1991).

That said, Appellant has not responded to the notice issued by the Clerk.

Accordingly, we dismiss the appeal. See Tex. R. App. P. 43.2(f). If Appellant chooses to file a motion for rehearing, it must be signed and timely filed. See id. 9.1, 49.1, 49.9.

APPEAL DISMISSED.

PER CURIAM

Submitted on August 26, 2027 Opinion Delivered August 27, 2026

Before Golemon, C.J., Johnson and Chambers, JJ.