Maria Nava Hernandez v. GSMV the Bellfort Owner LLC
Docket 01-26-00013-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 1st District (Houston)
- Type
- Lead Opinion
- Case type
- Civil
- Disposition
- Dismissed
- Docket
- 01-26-00013-CV
Appeal from a final judgment in County Civil Court at Law No. 1, Harris County
Summary
The Court of Appeals dismissed Maria Nava Hernandez's appeal from a final judgment entered October 20, 2025, for lack of jurisdiction because her notice of appeal was filed December 12, 2025 — more than the required 30 days and not saved by any timely post-judgment motion or Rule 26.3 extension. The court explained the 30-day deadline, the 90-day extension available only if a timely post-judgment motion is filed, and that the 15-day window to seek an extension under Rule 26.3 had passed. Because the notice was untimely and no jurisdictional basis existed, the appeal was dismissed and pending motions were denied as moot.
Issues Decided
- Whether the appellant timely filed a notice of appeal from the October 20, 2025 final judgment
- Whether a post-judgment motion or Rule 26.3 procedure extended the 30-day appeal deadline
Court's Reasoning
Texas Rule of Appellate Procedure 26.1 requires a notice of appeal within 30 days of judgment, which can be extended to 90 days only if a timely post-judgment motion is filed. Rule 26.3 allows an appellate extension only if the notice is filed in the trial court within 15 days after the deadline. Here, the notice was filed 53 days after judgment with no timely post-judgment motion and not within the Rule 26.3 window, so the court lacked jurisdiction to hear the appeal.
Authorities Cited
- Texas Rule of Appellate Procedure 26.1
- Texas Rule of Appellate Procedure 26.3
- Texas Rule of Civil Procedure 329b
- In the Interest of K.A.F., A Child160 S.W.3d 923 (Tex. 2005)
- Texas Rules of Appellate Procedure 42.3(a) and 43.2(f)
Parties
- Appellant
- Maria Nava Hernandez
- Appellee
- GSMV The Bellfort Owner LLC
- Judge
- Justices Gunn, Caughey, and Morgan (panel)
Key Dates
- Judgment signed
- 2025-10-20
- Notice of appeal filed
- 2025-12-12
- Opinion issued
- 2026-04-16
What You Should Do Next
- 1
Consult an appellate attorney immediately
An attorney can evaluate whether any post-dismissal relief (such as motion for rehearing, motion to reinstate, or extraordinary writ) is available and timely under Texas law.
- 2
Review trial-court filings and deadlines
Confirm whether any post-judgment motion was in fact filed or whether clerical errors could support a timely-filing argument; gather records to support any relief petition.
- 3
Consider motions in trial court if appropriate
If any viable procedural basis exists (e.g., clerical mistake, lack of notice), file the appropriate motion in the trial court promptly to preserve arguments for further relief.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal because the notice of appeal was filed too late and no timely post-judgment motion or extension procedure saved the deadline.
- Who is affected by this decision?
- The decision affects the appellant, Maria Nava Hernandez, because her appeal was dismissed; the appellee's favorable judgment remains in place.
- What happens next?
- Because the appeal was dismissed for lack of jurisdiction, the trial court's final judgment stands unless the appellant obtains relief through a properly filed motion for reinstatement or another extraordinary remedy in the appropriate court.
- Could this have been avoided?
- Yes. Filing a timely notice of appeal within 30 days, filing a timely post-judgment motion to extend the appeal period to 90 days, or complying with Rule 26.3's 15-day filing window for an extension could have preserved the appeal.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Opinion issued April 16, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-26-00013-CV
———————————
MARIA NAVA HERNANDEZ, Appellant
V.
GSMV THE BELLFORT OWNER LLC, Appellee
On Appeal from the County Civil Court at Law No. 1
Harris County, Texas
Trial Court Case No. 1260922
MEMORANDUM OPINION
Appellant is attempting to appeal from a final judgment signed on October 20,
2025. The clerk’s record contains no post-judgment motion that would extend the
deadline for filing a notice of appeal. Appellant filed her notice of appeal on
December 12, 2025. We issued a notice that the Court might dismiss her appeal
unless she filed a response establishing this Court’s jurisdiction and appellant did
not respond. We dismiss.
A notice of appeal is generally required to be filed within thirty days after
judgment is signed. See TEX. R. APP. P. 26.1. This deadline may be extended to
ninety days after the judgment is signed if appellant files a timely post-judgment
motion such as a motion for new trial. See TEX. R. CIV. P. 329b. The appellate court
may also extend the time to file the notice of appeal if, within fifteen days after the
deadline for filing the notice, appellant files the notice of appeal in the trial court and
a motion for extension of time in the appellate court. See TEX. R. APP. P. 26.3.
In this case, appellant did not file a notice of appeal until more than fifty-three
(53) days after the judgment was signed. The provision for extension of time to file
the notice of appeal in Rule 26.3 was inapplicable because appellant did not file the
notice of appeal within fifteen days after the deadline. See id. Because the notice
of appeal was not timely filed, this Court lacks jurisdiction over the appeal. See In
the Interest of K.A.F., A Child, 160 S.W.3d 923, 928 (Tex. 2005).
Accordingly, we dismiss the appeal for lack 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 Justices Gunn, Caughey, and Morgan.
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