Leonard Mark Storemski v. Deborah Storemski ( 2024 )

Opinion issued July 18, 2024
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-24-00291-CV
———————————
LEONARD MARK STOREMSKI, Appellant
V.
DEBORAH KAY CRAWFORD, Appellee
On Appeal from the 245th District Court
Harris County, Texas
Trial Court Case No. 2011-00251
MEMORANDUM OPINION
Appellant, Leonard Mark Storemski, incarcerated and proceeding pro se, filed
a notice of appeal from the trial court’s January 24, 2024 “Order in Suit for
Modification of Support Order and to Confirm Support Arrearage.”
We dismiss the appeal for lack of jurisdiction.
Any party “seek[ing] to alter the trial court’s judgment” must timely file a
notice of appeal. TEX. R. APP. P. 25.1(c). If a party fails to timely file a notice of
appeal, we have no jurisdiction to address the merits of that party’s appeal and must
dismiss the appeal. See TEX. R. APP. P. 25.1(b); In re K.L.L., 506 S.W.3d 558, 560
(Tex. App.—Houston [1st Dist.] 2016, no pet.) (without timely notice of appeal,
appellate court lacks jurisdiction over appeal); Brashear v. Victoria Gardens of
McKinney, L.L.C., 302 S.W.3d 542, 545–46 (Tex. App.—Dallas 2009, no pet.)
(timely filing of notice of appeal is jurisdictional prerequisite).
Generally, a notice of appeal is due within thirty days after the trial court signs
its order or judgment. See TEX. R. APP. P. 26.1. The deadline to file a notice of
appeal is extended to ninety days after the order is signed if, within thirty days after
the judgment is signed, a party timely files a motion for new trial, motion to modify
the judgment, motion to reinstate, or, under certain circumstances, a request for
findings of fact and conclusions of law. See TEX. R. APP. P. 26.1(a); see also TEX.
R. CIV. P. 329b. The time to file a notice of appeal may also be extended if, within
fifteen days after the deadline to file the notice of appeal, a party files a notice of
appeal and a motion for extension of time to file a notice of appeal that complies
with Texas Rule of Appellate Procedure 10.5(b). See TEX. R. APP. P. 10.5(b), 26.3.
Here, the trial court signed its “Order in Suit for Modification of Support
Order and to Confirm Support Arrearage” on January 24, 2024. The record does not
2
reflect that any post-judgment motions extending the notice-of-appeal deadline were
filed. Accordingly, appellant’s notice of appeal was due within thirty days after the
trial court’s order was signed—on or before February 23, 2024—or by March 11,
2024 with a fifteen-day extension. See TEX. R. APP. P. 4.1(a), 26.1, 26.3. However,
appellant did not file his notice of appeal of the trial court’s order until April 5, 2024.
Without a timely filed notice of appeal, we lack jurisdiction over appellant’s
appeal. See TEX. R. APP. P. 25.1. On June 4, 2024, the Clerk of this Court notified
appellant that his appeal was subject to dismissal for lack of jurisdiction unless,
within fourteen days of the date of the notice, he filed a written response
demonstrating that this Court has jurisdiction over his appeal. See TEX. R. APP. P.
42.3(a). Appellant did not adequately respond.
Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP.
P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Landau, Countiss, and Guerra.
3