Opinion
01-22-00012-CV
03-30-2023
FRANCES JEAN MORTON, Appellant v. 1423 KIPLING, LLC, Appellee
On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1177966.
Panel consists of Adams, Chief Justice and Kelly and Goodman, Justices.
MEMORANDUM OPINION
PER CURIAM
Appellant, Frances Jean Morton, is attempting to appeal from a final judgment signed on December 7, 2021 in an eviction case. We dismiss for lack of jurisdiction.
The deadline for filing a notice of appeal is typically thirty days after a final judgment is signed. See TEX. R. APP. P. 26.1. This deadline may be extended if a timely post-judgment motion is filed. See TEX. R. APP. P. 26.1(A); TEX. R. CIV. P. 329B(A), (G); Zhuang v. Zhang, No. 01-17-00518-CV, 2017 WL 5712544, at *1 (Tex. App.-Houston [1st Dist.] Nov. 28, 2017, pet. denied) (mem. op.) (deadline to file notice of appeal extended to ninety days after date judgment is signed if, within thirty days after judgement is signed, any party timely files motion for new trial, motion to modify, motion to reinstate, or under certain circumstances, a request for findings of fact).
In this case, the final judgment was signed on December 7, 2021. Appellant filed her notice of appeal on January 10, 2022, which was 4 days after the January 6, 2022 deadline. Thus, the Court lacks jurisdiction over this appeal.
Appellant also failed to file an appellant's brief after three notices issued advising that the appeal might be dismissed for want of prosecution if no brief or motion for extension were filed. See TEX. R. APP. P. 42.3(B).
Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(A). We dismiss any pending motions as moot.