Unreported / Non-Citable
Background
Mohamed Alaoui sought to appeal an order that the Harris County district court signed on June 23, 2025. Alaoui timely filed a motion for new trial, which extended his deadline to file a notice of appeal to September 22, 2025.
With the additional 15-day extension potentially available under the Texas Rules of Appellate Procedure, the latest possible filing date was October 7, 2025. Alaoui did not file his notice of appeal until November 3, 2025. After the appellate clerk warned that the appeal was subject to dismissal and gave Alaoui 10 days to demonstrate jurisdiction, he filed no response.
The Court’s Holding
The Texas First Court of Appeals held that it lacked jurisdiction because Alaoui did not timely file his notice of appeal. A timely notice of appeal is a jurisdictional prerequisite when a party seeks to alter a trial court’s judgment or final order.
Because the notice was filed after both the extended 90-day deadline and the additional 15-day extension period, the court dismissed the appeal without reaching its merits. It also dismissed all pending motions as moot.
Key Takeaways
- A motion for new trial can extend the Texas notice-of-appeal deadline to 90 days after the judgment or final order is signed.
- The additional 15-day extension period does not permit a notice of appeal filed after that period expires.
- An untimely notice of appeal deprives the appellate court of jurisdiction to consider the merits.
Why It Matters
The decision underscores that Texas appellate deadlines are jurisdictional, not merely procedural. Even when a post-judgment motion extends the ordinary deadline, an appellant must file within the extended timetable or lose appellate review.