Unreported / Non-Citable
Background
Self-represented appellant William L. Brite sought to appeal an April 13, 2026 judgment from Montgomery County Probate Court No. 1. He submitted a notice of appeal on July 27, 2026, but the electronically filed document lacked either the typed “/s/” signature or electronic or scanned signature required by Texas Rule of Appellate Procedure 9.1(c)(1).
Brite also submitted a motion to extend the deadline for his notice of appeal. The appellate clerk advised him that the notice appeared late but was submitted within Rule 26.3’s extension period. Because the extension motion also lacked a compliant signature, it was received but not filed. The clerk directed Brite to correct the defect and provide a reasonable explanation for the delay if necessary, warning that failure to establish a timely notice of appeal could result in dismissal for lack of jurisdiction. Brite did not respond.
The Court’s Holding
The Ninth Court of Appeals dismissed the appeal under Texas Rule of Appellate Procedure 43.2(f) after Brite failed to respond to the clerk’s notice or cure the signature defects in his submissions.
The court explained that the defects were curable by amendment and that properly amended documents would relate back to the dates of the original defective submissions. Because Brite took no corrective action, however, the court dismissed the appeal. It added that any motion for rehearing must be signed and timely filed.
Key Takeaways
- An electronically filed Texas appellate document must contain a typed “/s/” signature or an electronic or scanned image of the signature unless it is notarized or sworn.
- A defective signature may be cured by amendment, with the corrected document relating back to the original submission date.
- An appellant’s failure to cure filing defects after notice from the clerk can result in dismissal of the appeal.
Why It Matters
The decision underscores that signature requirements apply equally to self-represented litigants and can affect an appellate court’s ability to proceed. A curable technical defect need not end an appeal, but the litigant must respond promptly to the clerk’s notice and file a compliant amendment.