Full Opinion

Court of Appeals Tenth Appellate District of Texas 10-26-00303-CV Linda Ann Lewis, Appellant v. U.S. Bank Trust National Association, as Trustee for GIFM Holdings Trust, Appellee On appeal from the 40th District Court of Ellis County, Texas Judge Bob Carroll, presiding Trial Court Cause No. 105677 JUSTICE SMITH delivered the opinion of the Court. MEMORANDUM OPINION A final judgment of foreclosure was signed by the trial court on February 12, 2025. Appellant had been served by publication. On June 10, 2025, Appellant filed a motion to stay the foreclosure and a motion to vacate the final judgment with a request for a temporary restraining order and other injunctive relief. No hearing was conducted on Appellant’s motions. Appellant did not appeal the trial court’s judgment. Appellant attempted to have the trial court judge recused three times in the subsequent months, with the third motion being denied by the administrative judge on May 12, 2026. Appellant filed multiple motions attempting to set aside the trial court’s judgment from July of 2025 through May of 2026. The trial court conducted a hearing on Appellant’s motions on June 24, 2026. The trial court entered a written order entitled “Findings Related to Plenary Powers” on July 22, 2026. In that order, the trial court found that the trial court did not have plenary power to consider Appellant’s motions. The trial court found that because Appellant had been served by publication, pursuant to Rule of Civil Procedure 306a(7), Appellant’s motion filed on June 10, 2025, started the time for the trial court’s plenary power after the entry of judgment. See TEX. R. APP. P. 306a(7) (when party served by publication, periods for filing post-judgment motions computed from the date of the filing of the motion when filed more than 30 days after the judgment was signed). The trial court found that the motion for new trial was overruled by operation of law on August 25, 2025, and that the trial court’s plenary power expired on September 24, 2025. Because the trial court found that its plenary power had expired, the trial court determined that it “lacks authority to rule on the Motion to Vacate of the Subsequent Filings or to issue any further orders in this matter.” Lewis v. U.S. Bank Trust Nat’l. Ass’n. Page 2 Appellant filed a notice of appeal of the trial court’s order from July 22, 2026. By letter from the Clerk of this Court, Appellant was notified that the order does not appear to be appealable because the trial court’s plenary power had expired prior to the entry of the order, and that the appeal would be dismissed unless a response showing grounds for continuing the appeal was submitted. Appellant submitted a response, but the response does not show grounds for continuing the appeal. We find that the trial court’s plenary power extended for 105 days past June 10, 2026, which was September 23, 2025. See TEX. R. CIV. P. 329b(c), (e) (motion for new trial overruled by operation of law 75 days after the judgment was signed; plenary power extended for 30 days after that date.). Accordingly, the trial court did not have jurisdiction to rule on Appellant’s motions. To the degree the trial court had jurisdiction to conduct the hearing, the trial court’s determination that it lacked plenary power to consider Appellant’s motions was not an independently appealable order. Accordingly, this appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). STEVE SMITH Justice OPINION DELIVERED and FILED: September 30, 2026 Lewis v. U.S. Bank Trust Nat’l. Ass’n. Page 3 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed CV06 Lewis v. U.S. Bank Trust Nat’l. Ass’n. Page 4