Noel and Norma Castillo v. Maria Teresa Martinez

Summary

The Eighth Court of Appeals of Texas dismissed Noel and Norma Castillo’s appeal for want of jurisdiction because their notice of appeal was filed after the applicable deadline. The court held that the April 25, 2025 Rule 91a dismissal order was final and that the later September 11, 2025 order denying reinstatement was not separately appealable.

Holdings

1. The April 25, 2025 order dismissing all of Appellants' claims was a final order, and Appellants' timely motion for new trial extended the deadline for filing a notice of appeal to 90 days after that order was signed. Because the notice of appeal was filed on October 6, 2025, it was untimely and did not invoke the court's jurisdiction.
2. An order denying a post-judgment motion to vacate a final judgment and reinstate the case is generally not separately appealable from the underlying final judgment.
3. After the deadline for a direct appeal has expired, an alleged void judgment may be challenged only through a collateral attack, not through an untimely direct appeal.

Questions Presented

1. Whether the April 25, 2025 Rule 91a dismissal order was a final, appealable order.
2. Whether Appellants' October 6, 2025 notice of appeal was timely after they filed a motion for new trial.
3. Whether the September 11, 2025 order denying the motion to vacate and reinstate was separately appealable.
4. Whether an alleged void judgment may be challenged through an untimely direct appeal.

Disposition

dismissed