What did the court decide?

The court dismissed the appeal because the notice of appeal was filed too late and the court therefore lacked jurisdiction to decide the case.

Who is affected by this decision?

The appellant, Samuel R. Casey, Jr., and the listed appellees are affected because the dismissal ends the appeal process without addressing the merits of the underlying judgment.

What happens next for the appellant?

The trial court's final judgment remains in effect. The appellant could explore whether any narrow statutory relief exists, but the appellate court did not reinstate the appeal or consider the merits.

Could this dismissal be appealed?

Generally, dismissal for lack of jurisdiction is a final appellate disposition; options may be limited and would require consulting counsel about any extraordinary or procedural remedies.

Samuel R Casey, Jr., as Legal Heir to Floyd Adair v. Fort Bend Independent School District; Fort Bend County; Fort Bend County Emergency Service District 7; Fort Bent County General Fund; Fort Bend County Fresh Water Supply District 01; Fort Bend County Drainage District

Docket 01-25-00491-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 16, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 1st District (Houston)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 01-25-00491-CV

Appeal from a final judgment in a civil case (trial court case no. 19-DCV-258410) in the 400th District Court, Fort Bend County, Texas.

Summary

The court dismissed an appeal from a final judgment entered September 30, 2024 because the appellant filed his notice of appeal on July 1, 2025 — more than nine months after the judgment and well beyond the applicable deadlines. The court explained the general 30-day filing deadline, the circumstances that can extend it to 90 days, and the limited procedure for seeking an extension. The appellant was given notice that the appeal appeared untimely and did not respond, so the court concluded it lacked jurisdiction and dismissed the appeal and any pending motions as moot.

Issues Decided

Whether the appellant timely filed a notice of appeal from the final judgment.
Whether the appellate court had jurisdiction to hear the appeal given the untimely notice of appeal.
Whether any extensions or post-judgment motions could validate the late notice of appeal.

Court's Reasoning

Texas rules generally require a notice of appeal within 30 days of the judgment, extendable to 90 days if a timely post-judgment motion is filed, and allow a limited 15-day extension process if the notice is filed in the trial court and a motion for extension is filed in the appellate court. The appellant filed his notice more than nine months after the judgment and did not show any timely post-judgment motion or invoke the extension procedure. The court thus lacked jurisdiction to hear the appeal and dismissed it as untimely.

Authorities Cited

Texas Rules of Appellate ProcedureRule 26.1, Rule 26.3, Rule 42.3(a), Rule 43.2(f)
Texas Rules of Civil ProcedureRule 329b

Parties

Appellant: Samuel R. Casey, Jr., as legal heir to Floyd Adair
Appellee: Fort Bend Independent School District
Appellee: Fort Bend County
Appellee: Fort Bend County Emergency Service District #7
Appellee: Fort Bend County General Fund
Appellee: Fort Bend County Fresh Water Supply District #01
Appellee: Fort Bend County Drainage District
Judge: Per Curiam (Justices Rivas-Molloy, Johnson, Dokupil)

Key Dates

Judgment signed: 2024-09-30
Notice of appeal filed: 2025-07-01
Court notice to appellant re: untimely appeal: 2026-02-03
Opinion issued: 2026-04-16

What You Should Do Next

1
Consult an attorney promptly
Talk to appellate counsel to determine whether any extraordinary relief, such as a motion for reinstatement or other post-judgment remedy, is available given the procedural posture.
2
Confirm status of the trial-court judgment
Verify that the trial-court judgment remains final and determine any deadlines for enforcement, collection, or other actions arising from the judgment.
3
Gather and review filings
Collect the trial-court record, any post-judgment motions, and correspondence with the appellate court to evaluate if any procedural defect could support relief.

Frequently Asked Questions

What did the court decide?: The court dismissed the appeal because the notice of appeal was filed too late and the court therefore lacked jurisdiction to decide the case.
Who is affected by this decision?: The appellant, Samuel R. Casey, Jr., and the listed appellees are affected because the dismissal ends the appeal process without addressing the merits of the underlying judgment.
What happens next for the appellant?: The trial court's final judgment remains in effect. The appellant could explore whether any narrow statutory relief exists, but the appellate court did not reinstate the appeal or consider the merits.
Could this dismissal be appealed?: Generally, dismissal for lack of jurisdiction is a final appellate disposition; options may be limited and would require consulting counsel about any extraordinary or procedural remedies.

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. 01-25-00491-CV
———————————
SAMUEL R. CASEY, JR., AS LEGAL HEIR TO FLOYD ADAIR, Appellant
V.
FORT BEND INDEPENDENT SCHOOL DISTRICT; FORT BEND
COUNTY; FORT BEND COUNTY EMERGENCY SERVICE DISTRICT
#7; FORT BEND COUNTY GENERAL FUND; FORT BEND COUNTY
FRESH WATER SUPPLY DISTRICT #01; AND FORT BEND COUNTY
DRAINAGE DISTRICT, Appellees

On Appeal from the 400th District Court
Fort Bend County, Texas
Trial Court Case No. 19-DCV-258410

MEMORANDUM OPINION

Appellant is attempting to appeal from a final judgment signed on September

30, 2024. Appellant filed a notice of appeal on July 1, 2025. We dismiss the appeal.
A notice of appeal is generally required to be filed within 30 days after the

judgment is signed. See TEX. R. APP. P. 26.1. This 30-day deadline may be extended

to 90 days after the judgment is signed if an appellant files a timely motion for new

trial or other post-judgment motion. See TEX. R. CIV. P. 329b. The appellate court

may also extend the time to file the notice of appeal if, within 15 days after the

deadline for filing it, an appellant files the notice of appeal in the trial court and files

a motion for extension of time in the appellate court. See TEX. R. APP. P. 26.3.

Appellant filed his notice of appeal more than 9 months after the final

judgment was signed. Therefore, his notice of appeal is untimely. The Court advised

appellant by notice issued on February 3, 2026 that his notice of appeal was untimely

and the Court might dismiss the appeal for lack of jurisdiction unless he filed a

response establishing this Court’s jurisdiction. Appellant did not respond.

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 Rivas-Molloy, Johnson, and Dokupil.