Robert Salazar v. HP Texas I LLC Dba HP Texas LLC, HPA Texas SUB 2016-1 LLC, Ser Texas LLC and Pathlight Property Management Co. ( 2023 )

Opinion issued October 17, 2023 In The Court of Appeals For The First District of Texas ———————————— NO. 01-23-00451-CV ——————————— ROBERT J. SALAZAR AND ELIA SALAZAR, Appellants V. HP TEXAS I LLC, HPA TEXAS SUB 2016-1 LLC, PATHLIGHT PROPERTY MANAGEMENT, AND SER TEXAS LLC, Appellees On Appeal from the 127th District Court Harris County, Texas Trial Court Case No. 2019-17589 MEMORANDUM OPINION On June 11, 2023, appellants, Robert J. Salazar and Elia Salazar, proceeding pro se, filed a notice of appeal from the trial court’s February 3, 2023 final judgment. We dismiss the appeal for lack of jurisdiction. 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 from a final judgment must be filed within thirty days after the entry of judgment. See TEX. R. APP. P. 26.1. Accordingly, in order to invoke this Court’s appellate jurisdiction over the trial court’s February 3, 2023 judgment, appellants were required to file a notice of appeal on or before March 6, 2023. Appellants’ June 11, 2023 notice of appeal was therefore not timely filed. 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). Post-judgment motions generally must be filed within thirty days after the judgment or other order complained of is signed. See TEX. R. CIV. P. 329b(a), (g). The appellate record reflects that appellants timely filed a post-judgment motion with the trial court. Accordingly, appellants’ notice of appeal was due no later than May 4, 2023. See TEX. R. APP. P. 26.1(a)(1). Thus, appellants’ June 11, 2023 notice of appeal was still not timely filed to invoke the jurisdiction of this Court. See TEX. R. APP. P. 25.1(a)(1). On September 19, 2023, the Clerk of this Court notified appellants that their notice of appeal from the trial court’s February 3, 2023 judgment was not timely filed. Appellants were directed to file a written response within ten days 2 demonstrating, with citation to law and the record, that the Court had jurisdiction over the appeal. Despite notice that the appeal was subject to dismissal, appellants did not adequately respond to the September 19, 2023 notice. Accordingly, we 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 Justices Kelly, Landau, and Farris. 3