Unreported / Non-Citable
Background
The trial court entered final judgment on February 20, 2026, in a dispute involving Chad Higgenbotham, individually and doing business as Hick’s Auto Sale, and the Harris County Tax Assessor-Collector. Under Texas Rule of Appellate Procedure 26.1, the notice of appeal was due March 23, 2026.
Higgenbotham did not file a notice of appeal until May 26, 2026. He had not filed a deadline-extending motion under Rule 26.1(a) or a motion to extend the appellate deadline under Rule 26.3. After the court warned that the appeal could be dismissed for want of jurisdiction unless he demonstrated a jurisdictional basis, he did not respond.
The Court’s Holding
The First Court of Appeals held that the notice of appeal was untimely. Because the deadline for filing a notice of appeal is jurisdictional, the court lacked jurisdiction absent a timely notice or extension request.
The court therefore dismissed the appeal for want of jurisdiction under Texas Rule of Appellate Procedure 42.3(a). It also dismissed all pending motions as moot.
Key Takeaways
- A notice of appeal generally must be filed within 30 days after the trial court signs its final judgment.
- A late notice does not confer appellate jurisdiction when no timely extension request or other deadline-extending motion was filed.
- Failure to respond to a jurisdictional warning left the asserted basis for appellate jurisdiction unaddressed.
Why It Matters
The decision underscores that Texas appellate deadlines are jurisdictional, not merely procedural. Litigants who miss the notice-of-appeal deadline risk dismissal without review of the merits.
When timeliness is uncertain, counsel should promptly determine whether a deadline-extending filing applies and whether relief remains available under the appellate rules.