Terry Akwue v. Discover Bank
Docket 01-26-00066-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
- 01-26-00066-CV
Appeal from a final judgment in the County Civil Court at Law No. 2, Harris County, Texas
Summary
The Court of Appeals dismissed Terry Akwue’s appeal from a small claims judgment because his notice of appeal was untimely. The trial court entered final judgment on September 26, 2025; Akwue filed a motion for new trial which extended his deadline to December 26, 2025, but he did not file his notice of appeal until January 7, 2026. The appellate court concluded it lacked jurisdiction for a late-filed notice, gave Akwue notice that the appeal would be dismissed, received no response, and therefore dismissed the appeal and any pending motions as moot.
Issues Decided
- Whether the notice of appeal was timely under Texas Rule of Appellate Procedure 26.1 given the filing of a motion for new trial
- Whether the appellate court has jurisdiction over an appeal when the notice of appeal is filed after the extended deadline
Court's Reasoning
Texas Rule of Appellate Procedure 26.1 generally requires a notice of appeal within 30 days of the judgment, extended to 90 days when a timely motion for new trial is filed; because Akwue filed a motion for new trial, his deadline was December 26, 2025. He filed his notice on January 7, 2026, which was untimely and therefore deprived the court of jurisdiction. The court gave notice to show cause and received no response, so dismissal for want of jurisdiction was warranted.
Authorities Cited
- Texas Rule of Appellate Procedure 26.1
- Texas Rule of Appellate Procedure 10.5(b) and 26.3
- Texas Rule of Appellate Procedure 25.1
- Texas Rule of Appellate Procedure 42.3(a)
- Texas Rule of Appellate Procedure 43.2(f)
Parties
- Appellant
- Terry Akwue
- Appellee
- Discover Bank
- Judge
- Per Curiam (Chief Justice Adams; Justices Guerra and Guiney)
Key Dates
- Judgment signed
- 2025-09-26
- Deadline to file notice of appeal (extended by motion for new trial)
- 2025-12-26
- Notice of appeal filed
- 2026-01-07
- Opinion issued / appeal dismissed
- 2026-04-14
- Court notice to show cause sent
- 2026-01-08
What You Should Do Next
- 1
Consult an attorney promptly
Talk with an appellate or civil attorney to determine whether any post-judgment motion, motion for extension, or extraordinary relief (such as a motion for nunc pro tunc or writ relief) might be available given the missed deadline.
- 2
Review trial-court record and deadlines
Confirm dates and whether any timely extension motions were or could have been filed; preserve all relevant documents and filings to support any further action.
- 3
Consider reopening or alternative remedies
If there is a viable basis (for example, clerical error, lack of notice, or other narrow statutory relief), an attorney can advise whether to seek relief in the trial court or file a petition for writ of mandamus or habeas corpus as applicable.
Frequently Asked Questions
- What did the court decide?
- The court dismissed the appeal because the notice of appeal was filed after the deadline and the court therefore lacked jurisdiction.
- Who is affected by this decision?
- Appellant Terry Akwue is affected because his appeal will not be considered; Discover Bank remains the prevailing party unless further relief is obtained.
- Could the appellant have avoided dismissal?
- Yes — by filing a timely notice of appeal within the extended 90-day period after the motion for new trial or by timely seeking an extension within 15 days of the appeal deadline under the rules.
- What happens next?
- The trial court's judgment stands. The appellant may consider post-judgment remedies if any are available or seek to reopen the case only if authorized by statute or rule.
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 14, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-26-00066-CV
———————————
TERRY AKWUE, Appellant
V.
DISCOVER BANK, Appellee
On Appeal from the Co Civil Court at Law No. 2
Harris County, Texas
Trial Court Case No. 1253222
MEMORANDUM OPINION
Appellant Terry Akwue filed his notice of appeal on January 7, 2026, seeking
to appeal the trial court’s order entered 103 days earlier, on September 26, 2025.
Generally, a notice of appeal is due within thirty days after the judgment is signed.
See TEX. R. APP. P. 26.1. The deadline to file a notice of appeal is extended to 90
days after the date the judgment is signed if any party timely files a motion for new
trial, motion to modify the judgment, 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). The time to file a notice of appeal may also be extended if, within
15 days after the deadline to file the notice of appeal, a party properly files a motion
for extension. See TEX. R. APP. P. 10.5(b), 26.3.
The record reflects that the trial court signed the final judgment on September
26, 2025. Appellant filed a motion for new trial in the trial court. Therefore,
appellant’s notice of appeal was due by December 26, 2025. See TEX. R. APP. P.
26.1; 4.1. Appellant did not file his notice of appeal until January 7, 2026. Without
a timely filed notice of appeal, this Court lacks jurisdiction over the appeal. See TEX.
R. APP. P. 25.1.
On January 8, 2026, we notified appellant that his appeal was subject to
dismissal for want of jurisdiction unless she filed a response showing grounds for
continuing the appeal. See TEX. R. APP. P. 42.3(a) (allowing involuntary dismissal
of case after notice). Appellant did not respond to our notice.
Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP.
P. 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Chief Justice Adams and Justices Guerra and Guiney.
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