In the INTEREST OF K. L. L., a Child
Cases that cite this one
25 later published cases cite this decision.
- Ascent Aviation, LLC, Michael D. King and Karen King v. Dovenator Holdings, LLC (Tex. App. 2023)
- JRJ Investments, Inc. D/B/A Desert of BMW of Las Vegas v. Artemis Global Business, Inc D/B/A Auto Exotic Rental (Tex. App. 2019)
- Olayiwola Adebisi v. Office of Attorney General (Tex. App. 2025)
- Nancy Rodriguez v. Divisione Construction, LLC Centerpoint Energy, Inc. and Digco Utility Construction, L.P. (Tex. App. 2025)
- Ramon Cubas and RC Upholstery & Auto Sales, LLC v. Jesus Chinchilla (Tex. App. 2025)
- In the Matter of the Guardianship of Bessie O. Walker v. the State of Texas (Tex. App. 2024)
- Leonard Mark Storemski v. Deborah Storemski (Tex. App. 2024)
- Chord Energy Corporation and Oasis Petroleum North America, LLC v. Absolute Oil + Gas, LLC (Tex. App. 2024)
- Daniel Nguyen v. Oscar Romero (Tex. App. 2024)
- In the Estate of J. Hugh Wheatfall v. the State of Texas (Tex. App. 2024)
- Treston Hawkins v. State of Texas (Tex. App. 2024)
- Michael Palma v. Sterling Association Services, Inc (Tex. App. 2024)
- Anthony Whitehurst v. on Site Towing, LLC and North Houston Motors, Inc. (Tex. App. 2024)
- Joseph Perdew v. American Bank of Commerce (Tex. App. 2024)
- 2024, Maison KW Inc, Kamilah Willacy, Individually, AP Remittance Corp, LMA Global Inc, QRG Corp, Saba Retail Inc, Williacy Group v. Sallyport Commercial Finance, LLC (Tex. App. 2024)
- Alphonso R. Martinez Jr. and Marina Del Transito Martinez v. Fort Bend Independent School District, Fort Bend County, Fort Bend County Drainage District, Fort Bend County Emergency Service District 7, Fort Bend County General Fund (Tex. App. 2024)
- Eddie James v. WoodForest National Bank (Tex. App. 2023)
- Bilal Burki v. Janette D. Dansby (Tex. App. 2023)
- Nathan Hatcher v. William Pace, Houston Armory, LP, Houston Armory Technology Group, LLC, and Armory Dealer Management, Inc. (Tex. App. 2023)
- Zen Ventures LLC v. Propel Financial Services (As Agent and Attorney in Fact for Propel) (Tex. App. 2023)
- In the Interest of E.J.M. v. Department of Family and Protective Services (Tex. App. 2023)
- Guadalupe Lugo A/K/A Tish Lugo v. Regions Bank, Ginger Lott,temporary Guardian of the Person and the Estate Pending Contest and Marissa Garcia Guardian Ad Litem (Tex. App. 2022)
- Unity National Bank v. John Scroggins (Tex. App. 2021)
- in Re Terry and Kim Scott (Tex. App. 2021)
- Latter and Blum of Texas, LLC D/B/A Realty Associates v. Paul Murphy (Tex. App. 2019)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION
Appellant, William Solomon Lewis, filed a pro se petition in the underlying case seeking to terminate his parental rights. In this appeal, Lewis attempts to appeal the trial court’s dismissal of his underlying action for want of prosecution and the purported denial by operation of law of his subsequent motion to reinstate. We dismiss the appeal.
Generally, a notice of appeal is due within thirty days after the judgment is signed. See Tex. R. App. P. 26.1. The deadline to file a notice of. appeal is extended to ninety days after the date the judgment is signed if, within thirty days after the judgment is signed, any party timely files a motion for new trial, motion to modify the judgment, motion to reinstate, or, under certain circumstances, a request for findings of fact and conclusions of law. See Tex. R. App. P. 26.1(a) (deadline to file notice of appeal extended to ninety days after judgment is signed if party timely files motion for new trial, motion to modify the judgment, motion to reinstate, or, under certain circumstances, a request for findings of fact and conclusions of law); Tex. R. Civ. P, 165a(3) (motion to reinstate case dismissed for want of prosecution “shall be filed with the clerk within 30 days after the order of dismissal is signed or' within the period provided by Rule 306a.”); Tex. R, Civ. P. 306a(l) (“The .date of judgment or order is signed as shown of record shall determine the beginning of the periods prescribed by these rules for the court’s plenary power to grant a new trial or to vacate, modify, correct or reform a judgment or order and for filing in the trial court the various documents that these rules authorize a party to file within such periods including, but not limited to, motions for new trial, motions to modify judgment,' motions to reinstate a case dismissed for want of prosecution, motions to vacate judgment and requests for findings of fact and conclusions of law .... ”); Tex. R. Civ. P. 329b(a), (g) (motion to modify, correct, or reform judgment must be filed within thirty days after judgment is signed). • ■
Although the deadline to timely file a post-judgment motion is generally-no later than thirty days after the date the final judgment or order was signed, Texas Rule of Civil Procedure 306a(4) provides an exception to this general rule by extending the deadline when a party establishes that it did not receive notice of a judgment within twenty days of the judgment being *560 signed. Tex. R. Civ. P. 306a(4). With respect to these parties, the deadline for filing post-judgment motions begins to run “on the date that such party or his attorney received such notice or acquired actual knowledge of the signing, whichever occurred first, but in no event shall such periods begin more than ninety days after the original judgment or other appealable order was signed.” Id. Texas Rule of Appellate Procedure 4.2(a)(1) similarly provides an extension of appellate deadlines when a party establishes that it did not receive notice of a trial court’s judgment within twenty days of the judgment being signed. Tex. R. App. P. 4.2(a)(1). In these cases, appellate deadlines that run from the signing of the judgment begin on “the earlier of the date when the party receives notice or acquires actual of the signing” of the judgment, but the deadline will not be extended more than ninety days after the judgment was signed. Id.
Here, the trial court signed the dismissal order from which Lewis appeals on November 16, 2015. Lewis filed his notice of appeal on May 11, 2016, one-hundred-and-forty-seven days after the dismissal. Lewis filed a motion to reinstate the case and a supporting affidavit, claiming that he did not receive actual notice of the dismissal until January 7, 2016, and thus his motion to reinstate filed on February 4, 2016 was timely filed. See Tex. R. Civ. PRO. 306(a)(4). Even considering the motion to reinstate timely filed and applying the deadline for filing the notice of appeal from January 7, 2016 (the date Lewis averred that he received actual notice of the order), Lewis’s notice of appeal is untimely because it was filed more than ninety days later. See Tex. R. App. P. 4.2(a)(1), 26.1(a).
Without a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See Tex. R. App. P. 25.1. On June 3, 2016, the Clerk of this Court notified Lewis that this appeal was subject to dismissal for want of jurisdiction unless he demonstrated this Court had jurisdiction over this appeal. Lewis filed a response claiming that his motion to reinstate was denied by operation of law after seventy-five days and that he had ninety days from such denial to file his notice of appeal. Lewis’s position is contrary to the applicable Texas Rules of Appellate Procedure. The timely filing of a motion to reinstate extends the notice of appeal deadline to ninety days from the date Lewis received notice of the dismissal, not the denial of the motion to reinstate. See Tex. R. App. P. 4.2(a)(1), 26.1. Lewis thus has failed to demonstrate that this Court has jurisdiction over this appeal.
Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.