Sora Investments, LLC v. Kelsy Erin Melendez ( 2024 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-24-00398-CV
___________________________
SORA INVESTMENTS, LLC, Appellant
V.
KELSY ERIN MELENDEZ, Appellee
On Appeal from County Court at Law No. 1
Tarrant County, Texas
Trial Court No. 2023-002653-1
Before Sudderth, C.J.; Kerr and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION
Appellant Sora Investments, LLC attempts to appeal from the trial court’s
May 17, 2024 final summary-judgment order. Generally, a notice of appeal must be
filed within thirty days after the appealable judgment or order is signed. Tex. R. App.
P. 26.1. This deadline is extended to ninety days if any party timely files a motion for
new trial. Tex. R. App. P. 26.1(a)(1). The deadline for filing a notice of appeal is
jurisdictional with this court and, absent a timely filed notice of appeal, we must
dismiss the appeal. Allstate Fire & Cas. Ins. Co. v. Dollard, 679 S.W.3d 279, 282, 291
(Tex. App.—Fort Worth 2023, no pet.).
Appellant filed a motion for new trial on June 17, 2024, thus its notice of
appeal was due on August 15, 2024. 1 See Tex. R. App. P. 26.1(a)(1). However,
Appellant did not file its notice of appeal until September 3, 2024. Consequently, we
notified Appellant of our concern that we lacked jurisdiction over the appeal and that
the appeal may be dismissed unless Appellant or any party desiring to continue the
appeal filed a response showing grounds for doing so. We received no response.
Because Appellant’s notice of appeal was late and we have not been shown
grounds for continuing the appeal, we dismiss it for want of jurisdiction. See Tex. R.
App. P. 42.3(a), 43.2(f).
1
Appellant did not file a motion to extend its notice-of-appeal deadline, and the
Rule 26.3 15-day grace period for doing so has expired. See Tex. R. App. P. 26.3.
2
/s/ Brian Walker
Brian Walker
Justice
Delivered: October 10, 2024
3