William Rodriguez v. Harris County, Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 13, 2026
Docket01-26-00517-CV
StatusPublished
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Full Opinion
Opinion issued August 13, 2026
In The
Court of Appeals
For The
First District of Texas
โโโโโโโโโโโโ
NO. 01-26-00517-CV
โโโโโโโโโโโ
WILLIAM RODRIGUEZ, Appellant
V.
HARRIS COUNTY, TEXAS, Appellee
On Appeal from the 295th District Court
Harris County, Texas
Trial Court Case No. 2024-38700
MEMORANDUM OPINION
Appellant is attempting to appeal from a judgment signed September 12,
2025. Appellant filed a notice of appeal on May 12, 2026. We dismiss the appeal.
A notice of appeal is generally required to be filed within 30 days after the
judgment is signed. See TEX. R. APP. P. 26.1. This 30-day deadline may be extended
to 90 days after the judgment is signed if appellant files a timely motion for new trial
or other post-judgment motion. See TEX. R. CIV. P. 329b. The appellate court may
also extend the time to file the notice of appeal if, within 15 days after the deadline
for filing it, appellant files the notice of appeal in the trial court and files a motion
for extension of time in the appellate court. See TEX. R. APP. P. 26.3. An appellate
courtโs jurisdiction is invoked only if a notice of appeal is timely filed. See TEX. R.
APP. P. 25.1(b).
Here, the clerkโs record indicates that appellant filed no post-judgment
motions that would have extended the deadline for filing the notice of appeal and,
even if he had, they would only have extended the deadline until 90 days after the
trial court signed the judgment or until December 11, 2025. Appellant filed his
notice of appeal nine months after the judgment was signed.
Appellant filed a brief containing a short response to our notice of lack of
jurisdiction. In this response, appellant did not establish that this Court has
jurisdiction, but merely asked that we avoid dismissing on a procedural ground.
Without a timely-filed notice of appeal, however, this Courtโs jurisdiction is not
invoked and, if we lack jurisdiction, we have no choice but to dismiss the appeal.
See Jarrell v. Bergdorf, 580 S.W.3d 463. 467 (Tex. App.โHouston [14th Dist.]
2019, no pet.).
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Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a), 43.2(f). Any
pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Caughey, Johnson, and Dokupil.
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