Opinion issued February 25, 2025

In The Court of Appeals For The First District of Texas ———————————— NO. 01-25-00008-CV ——————————— DAWN KNIGHT, Appellant V. MARSHALL PAYSSE, Appellee

On Appeal from the 122nd District Court Galveston County, Texas Trial Court Case No. 23-CV-2223

MEMORANDUM OPINION On January 6, 2025, appellant, Dawn Knight, filed a notice of appeal from the trial court’s September 9, 2024 “Order Granting [Appellee’s] Traditional Motion for Summary Judgment, and No-Evidence Summary Judgment Brought Under Texas Rule of Civil Procedure 166(a)(i).”

We dismiss the appeal for lack of jurisdiction.

On January 17, 2025, appellee, Marshall Paysse, filed a motion to dismiss the appeal, arguing that the Court lacked jurisdiction over the appeal because appellant’s notice of appeal was not timely filed. Absent a timely filed notice of appeal, we lack jurisdiction over an appeal. See TEX. R. APP. P. 25.1. Generally, a notice of appeal of a final judgment must be filed within thirty days after the entry of judgment. See TEX. R. APP. P. 26.1. However, where a party timely files certain post-judgment motions, the deadline to file a notice of appeal is extended to ninety days after the entry of judgment. See TEX. R. APP. P. 26.1(a)(1).

The record reflects that appellant filed a motion for new trial in the trial court.

Accordingly, to invoke this Court’s appellate jurisdiction over the trial court’s September 9, 2024 order, appellant was required to file a notice of appeal on or before December 9, 2024. Appellant’s January 6, 2025 notice of appeal was not filed by this deadline.

The time within which to file a notice of appeal may be enlarged, however, if, within fifteen days after the deadline for filing the notice of appeal, an appellant files a notice of appeal in the trial court and a motion for extension of time to file the notice of appeal in the appellate court. See TEX. R. APP. P. 10.5(b), 26.3.

Accordingly, taking the extended time provided by Texas Rule of Appellate Procedure 26.3 into consideration, to invoke this Court’s appellate jurisdiction,

appellant was required to file a notice of appeal in the trial court and a motion for extension of time to file a notice of appeal in the appellate court on or before December 27, 2024. See TEX. R. APP. P. 26.1(a)(1), 26.3. Appellant’s January 6, 2025 notice of appeal was therefore not timely filed, and appellant did not file a motion for extension of time to file a notice of appeal in this Court. Because appellant failed to file a timely notice of appeal, we lack jurisdiction over this appeal.

Appellee’s motion to dismiss does not include a certificate of conference stating whether appellant is opposed to the relief requested. See TEX. R. APP. P. 10.1(a)(5). However, more than ten days have passed, and appellant has not responded to appellee’s motion to dismiss. See TEX. R. APP. P. 10.3(a).

Accordingly, we grant appellee’s motion and dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). All pending motions are dismissed as moot.

PER CURIAM Panel consists of Chief Justice Adams and Justices Gunn and Guiney.