Summary
The Fourth Court of Appeals of Texas dismissed Sonia Dina Campa’s appeal for lack of jurisdiction because her notice of appeal was filed after the applicable deadline. The court held that, despite a timely motion for new trial, the notice was filed late and no motion for extension was filed; Campa also failed to respond to the court’s show-cause order.
Topics
Practice areas
Questions Presented
- Whether the court of appeals had jurisdiction when the notice of appeal was filed after the applicable deadline and no motion for extension of time was filed.
Holdings
- A timely notice of appeal is necessary to invoke the court of appeals' jurisdiction, and because Campa filed her notice of appeal after the ninety-day deadline applicable following her timely motion for new trial, without filing a motion for extension, the appeal had to be dismissed for lack of jurisdiction.
Key quotations
“A timely notice of appeal is necessary to invoke this court’s jurisdiction.” (-1-)
“Accordingly, we dismiss this appeal for lack of jurisdiction.” (-2-)
Factual background
The trial court entered a final judgment awarding possession of real property to Demetrious Bulis in an underlying forcible detainer action. Sonia Dina Campa timely filed a motion for new trial, extending the deadline for her notice of appeal to ninety days after the judgment was signed, or March 12, 2026. She filed her notice of appeal on April 1, 2026, did not file a motion for extension, and did not respond to the appellate court's order to show cause.
Procedural history
The County Court at Law No. 10 of Bexar County signed the final judgment on December 12, 2025. Because appellant timely filed a motion for new trial, the notice of appeal was due March 12, 2026, and any extension motion was due March 27, 2026. Appellant filed the notice of appeal on April 1, 2026, filed no extension motion, and did not respond to the appellate court's order to show cause.