Martha Huerta and Carlos Huerta v. Port SA MT, LLC — Memorandum Opinion Per Curiam

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,

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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