In the Estate of James Perry Allen, Jr. v. the State of Texas
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 11, 2026
Docket01-26-00718-CV
StatusPublished
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Full Opinion
Opinion issued August 11, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-26-00718-CV
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NATALIYA ALLEN, Appellant
V.
VERABANK, N.A.; MARGARET ELAINE ALLEN, INDIVIDUALLY AND
AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF ROY
FREEMAN ALLEN; JOYCE ALLEN RIVES; AND BILLY WAYNE
BINGHAM, INDEPENDENT EXECUTOR OF THE ESTATE OF ELOISE
ALLEN BINGHAM, Appellees
On Appeal from the County Court
Grimes County, Texas
Trial Court Case No. 8916
MEMORANDUM OPINION
Appellee VeraBank, N.A., in its capacity as Successor Dependent
Administrator of the Estate of James Perry Allen, Jr., move to dismiss for an
untimely notice of appeal. A second group of appellees1 has also filed a motion to
dismiss on the same ground. Appellant has not filed a response. We grant the
motions and dismiss for the reasons below.
Absent a timely notice of appeal, filed within 30 days of a final judgment or
within 20 days of an appealable interlocutory order, or a valid extension of the
deadline, this Court lacks jurisdiction. See TEX. R. APP. P. 26.1; 26.3.
Appellant attempts to appeal the trial court's order approving the sale of real
property, signed on April 10, 2026, in a probate proceeding. The notice of appeal
was filed on May 29, 2026. Appellant did not move for a new trial or make another
motion extending the deadline, 2 and appellant did not seek an extension of time to
file a notice of appeal. See TEX. R. APP. P. 26.1, 26.3, 10.5(b). Appellant's May 29,
2026 notice of appeal was untimely, regardless of whether the notice of appeal was
due on April 30, under the 20-day deadline, or on May 11, 2026, under the 30-day
deadline. See TEX. R. APP. P. 26.1
1
The second group of appellees is Margaret Elaine Allen, individually and as
Independent Administrator of the Estate of Roy Freeman Allen; Joyce Allen Rives;
and Billy Wayne Bingham, Independent Executor of the Estate of Eloise Allen
Bingham
2
Though the record is not yet filed, the Court takes judicial notice that there is no
qualified deadline extending motion following the April 10, 2026 order on the trial
courtβs publicly accessible docket. See TEX. R. APP. P 26.1(a); See Air Drilling
Assocs., Inc. v. Staak, No. 01-24-00507-CV, 2026 WL 191717, at *1n.1 (Tex. App.-
-Houston [1st Dist.] Jan. 22, 2026, no pet.) (βWe take judicial notice of the trial
court's online docket.β)
2
Accordingly, we grant appelleesβ motions to dismiss and dismiss the appeal
for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). Any pending motions
are dismissed as moot.
PER CURIAM
Panel consists of Chief Justice Adams, Justices Rivas-Molloy and Guiney.
3