CourtListener 10646954•Urfan Chaudhary v. Duresameen Sheikh
Testo completo
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00316-CV
___________________________
URFAN CHAUDHARY, Appellant
V.
DURESAMEEN SHEIKH, Appellee
On Appeal from the 442nd District Court
Denton County, Texas
Trial Court No. 23-5501-442
Before Womack, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
Appellant Urfan Chaudhary attempts to appeal from the trial court’s “Final
Decree of Divorce and Order for Conservatorship and Child Support” (the
Judgment) signed on March 5, 2025. Because Chaudhary timely filed a motion for
new trial, his notice of appeal was due June 3, 2025—ninety days after the Judgment’s
signing. See Tex. R. App. P. 26.1(a)(1). But Chaudhary did not file his notice of
appeal until July 1, 2025, making it untimely. See id.
We notified the parties by letter of our concern that we lack jurisdiction over
this appeal because the notice of appeal was untimely. See id. We warned that we
could dismiss this appeal for want of jurisdiction unless Chaudhary or any party
desiring to continue the appeal filed a response showing grounds for continuing it.
See Tex. R. App. P. 42.3(a), 44.3. Chaudhary responded to our letter by filing a
“Motion to Extend Time to Accept Appellant’s Appeal” (the Motion).1 In the
Motion, Chaudhary’s counsel indicated that he had inadvertently calendared the
wrong deadline for the notice of appeal, and Chaudhary requested that we extend the
time for him to file his notice of appeal.
The time for filing a notice of appeal is jurisdictional in this court, and without
a timely filed notice of appeal or a timely filed extension request, we must dismiss the
appeal. See Tex. R. App. P. 25.1(b), 26.1, 26.3; Jones v. City of Houston, 976 S.W.2d 676,
The Motion was filed on July 14, 2025.
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677 (Tex. 1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). An extension
request is timely if it is made within fifteen days after the deadline for filing the notice
of appeal. See Tex. R. App. P. 26.3. Here, the Motion was untimely because it was
not made within fifteen days of Chaudhary’s deadline for filing the notice of appeal.
See id.
Because Chaudhary’s notice of appeal was untimely—as was his Motion—we
deny his Motion and dismiss this appeal for want of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f); Mornes v. Cooper, No. 02-23-00439-CV, 2024 WL 45070, at *1 (Tex.
App.—Fort Worth Jan. 4, 2024, no pet.) (mem. op.) (dismissing appeal for want of
jurisdiction when appellant’s notice of appeal and motion for extension of the time to
file her notice of appeal were untimely).
/s/ Dana Womack
Dana Womack
Justice
Delivered: July 31, 2025
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