Opinion issued October 6, 2026
In The
Court of Appeals
For The
First District of Texas
NO. 01-26-00465-CV
ALBERT OMAH AUSTIN, Appellant
V.
FALLS OF KIRKWOOD, LP, Appellee
On Appeal from the 215th District Court
Harris County, Texas
Trial Court Cause No. 2022-16198
MEMORANDUM OPINION
On May 4, 2026, appellant, Albert Austin, proceeding pro se, filed his notice
of appeal challenging the trial court’s January 8, 2026 final judgment.
We dismiss the appeal for lack of jurisdiction.
Any party “seek[ing] to alter the trial court’s judgment” 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. 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
judgment 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.
2
Here, the trial court signed its final judgment on January 8, 2026. Appellant’s
motion for new trial was due within thirty days, but was untimely filed on February
21, 2026, thereby not extending appellant’s deadline to file his notice of appeal. As
such, appellant’s notice of appeal was due to be filed within thirty days of the
judgment—on or before February 9, 2026—or by February 24, 2026 with a
fifteen-day extension. See TEX. R. APP. P. 4.1(a), 26.1, 26.3. However, appellant did
not file his notice of appeal from the trial court’s judgment until May 4, 2026,
making his notice of appeal untimely.1
On August 6, 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). In his response, appellant contends that
he did not receive the judgment until February 14, 2026 and, citing Texas Rule of
Civil Procedure 306a, he argues that “[b]ecause neither notice or knowledge was
received within 20 days of January 8, 2026, the start date to post-judgment timelines
shifts to the date notice was received” . . . “making the notice of appeal due by May
15, 2026.”
1
As previously noted, even if the motion for new trial was filed timely and the
deadline was extended, appellant’s notice of appeal would be due by April 8, 2026,
or by April 23, 2026 with the fifteen-day deadline. Thus, appellant’s May 4, 2026
notice of appeal would still be rendered untimely.
3
“Post-judgment procedural timetables run from the day a party receives
official notice or actual knowledge of the judgment, rather than the day the judgment
is signed, if the party . . . proves it received notice of the judgment more than twenty
. . . days after it was signed.” Tran v. Hong Kong Dev. Corp., No. 01-13-00613-CV,
2014 WL 4219470, at *4 (Tex. App.—Houston [1st Dist.] Aug. 26, 2014, pet.
denied) (mem. op.); see TEX. R. CIV. P. 306a(4), (5); TEX. R. APP. P 4.2. While
appellant acknowledges that he was supposed to “file a formal sworn motion under
Rule 306(a)(5) in the trial court proving the exact date notice was received[,]” he
relies only on his motion for new trial, which mentions that he “received the final
judgment on February 14, 2026.” The sole mention in a motion of an alleged date of
receipt of a signed judgment, however, does not amount to proof under Rule
306(a)(5).2 See Florance v. State, 352 S.W.3d 867, 872 (Tex. App.—Dallas 2011,
no pet.) (explaining that to obtain additional time to file notice of appeal, one must
“(1) compl[y] with the sworn motion, notice, and hearing requirements mandated by
[R]ule 306a(5), and (2) prove[] he received notice of the judgment more than twenty
but less than ninety-one days after it was signed”); see also Samuels v. Perry, No.
05-10-01577-CV, 2011 WL 1500597, at *2 (Tex. App.—Dallas Apr. 21, 2011, no
pet.) (mem. op.) (without ruling by trial court on when notice of judgment received,
2
The trial court signed an order on April 15, 2026 denying appellant’s motion for
new trial.
4
notice of appeal was due no later than thirty days after judgment signed); TEX. R.
CIV. P. 306a(5). Thus, appellant’s response did not establish that we have
jurisdiction over his appeal.
Accordingly, we dismiss the appeal for lack of jurisdiction. See TEX. R. APP.
P. 42.3(a), 43.2(f). We dismiss all pending motions as moot.
PER CURIAM
Panel consists of Justices Guerra, Gunn, and Morgan.
5