Summary
The Texas Court of Appeals for the Third District dismissed the appeal for want of jurisdiction because the appellants filed their notice of appeal after the applicable deadline. The court held that the untimely motion for new trial did not extend the deadline, and the appellants did not obtain an extension or otherwise demonstrate appellate jurisdiction.
Topics
Practice areas
Questions Presented
- Whether the untimely motion for new trial extended the deadline for filing the notice of appeal.
- Whether the court of appeals had appellate jurisdiction over the untimely appeal.
Holdings
- An untimely motion for new trial does not extend the deadline for filing a notice of appeal to ninety days after judgment.
- The court of appeals lacked jurisdiction because appellants' notice of appeal was untimely, and the appeal was dismissed for want of jurisdiction.
Factual background
The trial court signed a final judgment on March 5, 2026. Appellants filed their motion for new trial and notice of appeal on April 20, 2026, but the motion for new trial was due no later than April 6, 2026 and therefore was untimely.
Procedural history
The 98th District Court of Travis County signed a final judgment on March 5, 2026. Appellants filed a motion for new trial on April 20, 2026, after the April 6 deadline, and filed their notice of appeal on the same date. They did not file a motion to extend the notice-of-appeal deadline and did not respond to the court of appeals' request to demonstrate appellate jurisdiction.