Marcus Blalock v. James Polk

Summary

The Texas Tenth Court of Appeals dismissed Marcus Blalock’s appeal for want of jurisdiction because his notice of appeal was filed after the applicable deadline. The court held that Blalock’s notice was due December 29, 2025, and that his February 20, 2026 filing was untimely despite his pending motion that had been overruled by operation of law.

Holdings

1. When a timely motion to modify or reconsider the judgment is filed, the notice of appeal must be filed within 90 days after the judgment is signed; an extension is available only if a motion to extend is filed within 15 days after the notice-of-appeal deadline.
2. An untimely notice of appeal deprives the court of appeals of jurisdiction, requiring dismissal of the appeal for want of jurisdiction.

Questions Presented

1. Whether the notice of appeal filed on February 20, 2026, was timely under Texas Rules of Appellate Procedure 26.1(a) and 26.3.
2. Whether the court of appeals had jurisdiction to consider the appeal despite the untimely notice of appeal.

Disposition

dismissed