Martha Huerta and Carlos Huerta v. Port SA MT, LLC — Memorandum Opinion Per Curiam
Martha Huerta and Carlos Huerta v. Port SA MT, LLC — Memorandum Opinion Per Curiam
Txctapp4
Gesamter Gesetzestext
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-26-00631-CV Martha HUERTA and Carlos Huerta, Appellants v. PORT SA MT, LLC, Appellees From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2024CV07466 Honorable Cesar Garcia, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Chief Justice Irene Rios, Justice Velia J. Meza, Justice Delivered and Filed: October 21, 2026 DISMISSED FOR WANT OF JURISDICTION This is an appeal from a forcible detainer judgment. Because we conclude that Martha and Carlos Huerta’s notice of appeal is untimely, we dismiss this appeal for want of jurisdiction. The Huertas’ filed their notice of appeal on July 9, 2026. The record we received does not contain a final judgment signed by the court. However, it appeared from the record that the trial court signed a final, appealable judgment on December 5, 2024. Because the record was missing this judgment and it appeared that the Huertas’ notice of appeal was untimely, on September 8,
04-26-00631-CV - 2 - 2026, we ordered appellants Martha and Carlos Huerta to show cause why this appeal should not be dismissed for want of jurisdiction. On October 6, 2026, Martha Huerta responded to our order stating that this appeal was sought because she “was evicted on January 27, 2025.” The response failed to address the lack of a final order appearing in the record or the timeliness of this appeal. The deadline to file a notice of appeal begins to run on the day the trial court signs a final judgment. TEX. R. APP . P. 26.1; Morris v. Wells Fargo Bank, N.A., No. 01-19-00610-CV, 2019 WL 4677365, at *2 (Tex. App.—Houston [1st Dist.] Sept. 26, 2019, no pet.) (mem. op.). Thus, the trial court’s order—which appears to have been signed on December 5, 2024—required the Huertas’ notice of appeal to be filed by January 6, 2025. See TEX. R. APP . P. 26.1, 26.3. Because the notice of appeal is untimely, we have no choice but to dismiss this appeal for want of jurisdiction. TEX . R. APP . P. 42.3(a). PER CURIAM
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