Mohamed Y Alaoui v. Elizabeth Beem
CourtTexas Court of Appeals, 1st District (Houston)
Date FiledAugust 31, 2026
Docket01-25-00923-CV
StatusPublished
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Full Opinion
Opinion issued August 31, 2026
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00923-CV
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MOHAMED ALAOUI, Appellant
V.
ELIZABETH BEEM, Appellee
On Appeal from the 157th District Court
Harris County, Texas
Trial Court Case No. 2023-03605
MEMORANDUM OPINION
On November 3, 2025, appellant Mohamed Alaoui filed his notice of appeal
challenging the trial court’s June 23, 2025 order.
We dismiss the appeal for lack of jurisdiction.
Any party “seek[ing] to alter the trial court’s judgment” or final order must
timely file a notice of appeal. TEX. R. APP. P. 25.1(c). If a party fails to timely file a
notice of appeal, we have no jurisdiction to address the merits of that party’s appeal.
See TEX. R. APP. P. 25.1(b); In the Interest of K.L.L., 506 S.W.3d 558, 560 (Tex.
App.—Houston [1st Dist.] 2016, no pet.) (without timely notice of appeal, appellate
court lacks jurisdiction over appeal); Brashear v. Victoria Gardens of McKinney,
L.L.C., 302 S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (timely filing of
notice of appeal is jurisdictional prerequisite).
Generally, a notice of appeal is due within thirty days after the trial court signs
its judgment or final order. See TEX. R. APP. P. 26.1. The deadline to file a notice of
appeal is extended to ninety days after the order is signed if, within thirty days after
the order is signed, a party timely files a motion for new trial, motion to modify the
order, motion to reinstate, or, under certain circumstances, a request for findings of
fact and conclusions of law. See TEX. R. APP. P. 26.1(a); see also TEX. R. CIV. P.
329b. The time to file a notice of appeal may also be extended if, within fifteen days
after the deadline to file the notice of appeal, a party files a notice of appeal in the
trial court and a motion for extension of time to file a notice of appeal that complies
with Texas Rule of Appellate Procedure 10.5(b) in the appellate court. See TEX. R.
APP. P. 10.5(b), 26.3.
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Here, the trial court signed its order on June 23, 2025. Appellant timely filed
a motion for new trial, extending the notice-of-appeal deadline. Thus, appellant’s
notice of appeal was due within ninety days after the trial court’s judgment was
signed—on or before September 22, 2025—or by October 7, 2025 with a fifteen-day
extension. See TEX. R. APP. P. 26.1, 26.3. However, appellant did not file his notice
of appeal from the trial court’s order until November 3, 2025, making his notice of
appeal untimely. On April 20, 2026, the Clerk of this Court notified appellant that
his appeal was subject to dismissal for lack of jurisdiction unless, within ten days of
the date of the notice, he filed a written response demonstrating that this Court has
jurisdiction over his appeal. See TEX. R. APP. P. 42.3(a). No response has been filed.
Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP.
P. 42.3(a), 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Guerra, Gunn, and Morgan.
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