Meandering Bend, LLC and ATX Tillery, LLC v. Paul A. Saustrup
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledJune 19, 2026
Docket03-26-00386-CV
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00386-CV
Meandering Bend, LLC and ATX Tillery, LLC, Appellants
v.
Paul A. Saustrup, Appellee
FROM THE 98TH DISTRICT COURT OF TRAVIS COUNTY
NO. D-1-GN-22-000790, THE HONORABLE JESSICA MANGRUM, JUDGE PRESIDING
MEMORANDUM OPINION
Appellants Meandering Bend, LLC and ATX Tillery, LLC filed a notice of appeal
on April 20, 2026. The record in this case reveals that the trial court signed a final judgment on
March 5, 2026, and that appellants filed a motion for new trial on April 20, 2026.
Timely filing of a notice of appeal is necessary to invoke this Court’s appellate
jurisdiction. Texas Ent. Ass’n v. Combs, 431 S.W.3d 790, 796 (Tex. App.—Austin 2014, pet.
denied); see Tex. R. App. P. 25.1(b) (noting that appeal is perfected when written notice of
appeal is filed). A notice of appeal generally must be filed within thirty days after the judgment
is signed. Tex. R. App. P. 26.1. However, the filing of certain post-judgment motions, including
a timely motion for new trial, will extend the deadline to ninety days after the judgment is
signed. See id. R. 26.1(a); see also id. R. 5 (providing that trial court may not enlarge time
period for any action related to new trials except as provided by rules).
Appellants’ motion for new trial was due on or before April 4, 2026, but because
that date was a Saturday, the motion was due April 6, 2026. See Tex. R. Civ. P. 4, 329b. Their
motion for new trial, filed April 20, 2026, was therefore untimely, and its filing did not extend
the deadline for filing a notice of appeal. See Tex. R. App. P. 26.1(a). Thus, the deadline for
appellants’ notice of appeal was April 6, 2026, unless extended by this Court’s granting of a
motion to extend filed within fifteen days of that date. See id. R. 26.3. Appellants did not file a
motion for extension of time to file their notice of appeal. On May 22, 2026, this Court
requested a response from appellants by June 1, 2026, explaining how this Court may exercise
jurisdiction over this appeal and informing them that their appeal may be dismissed for want of
jurisdiction unless they timely respond and demonstrate jurisdiction. To date, appellants have
not responded to that query.
Appellants’ untimely motion for new trial did not extend the deadline to file their
notice of appeal, and their notice of appeal was untimely. We therefore lack jurisdiction over
this appeal and accordingly dismiss the appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a).
__________________________________________
Karin Crump, Justice
Before Chief Justice Byrne, Justices Theofanis and Crump
Dismissed for Want of Jurisdiction
Filed: June 19, 2026
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