Opinion issued July 27, 2023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00080-CV ——————————— ARTHUR J. SMITH AND DARLENE SMITH, Appellants V. ANTHONY SIMPSON, ALAN PATTERSON, AND CORINTH MISSIONARY BAPTIST CHURCH F.K.A MOUNT CORINTH MISSIONARY BAPTIST CHURCH, Appellees

On Appeal from the 55th District Court Harris County, Texas Trial Court Case No. 2019-37366

MEMORANDUM OPINION Appellants, Arthur J. Smith and Darlene Smith, filed separate notices of appeal on January 31, 2023, attempting to appeal a final judgment signed on May 23, 2022. We dismiss the appeal.

Generally, a notice of appeal is due within thirty days after the final 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); TEX. R. CIV. P. 329b(a), (g).

Here, appellants’ January 31, 2023 notices of appeal were untimely filed over eight months after the trial court signed its final judgment on May 23, 2022. See TEX. R. APP. P. 26.1. Absent a timely filed notice of appeal, our Court lacks jurisdiction over the appeal. See TEX. R. APP. P. 25.1; Jarrell v. Bergdorf, 580 S.W.3d 463, 466 (Tex. App.—Houston [14th Dist.] 2019, no pet.).

On May 11, 2023, our Court issued a notice to appellants, advising them that their appeal was subject to dismissal unless appellants filed a response establishing this Court’s jurisdiction. See TEX. R. APP. P. 42.3(a). On May 15, 2023, one of the appellees—Alan Patterson—filed a motion to dismiss for lack of jurisdiction.

Appellants did not respond to either this Court’s notice or Patterson’s motion to dismiss.

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.

PER CURIAM Panel consists of Justices Goodman, Landau, and Rivas-Molloy.