Somsanouk Souimaniphanh v. Sengkeo Ann Ferris

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00359-CV
___________________________

SOMSANOUK SOUIMANIPHANH, Appellant

V.

SENGKEO ANN FERRIS, Appellee

On Appeal from the 342nd District Court
Tarrant County, Texas
Trial Court No. 342-360022-24

Before Sudderth, C.J.; Kerr and Walker, JJ.
Memorandum Opinion by Justice Walker
MEMORANDUM OPINION

Appellant Somsanouk Souimaniphanh attempts to appeal from the trial court’s

“Denial of his Motion for Reconsideration and/or Supplemental Motion for

Reconsideration [regarding] an Agreed Judgment.”

The trial court signed its judgment on May 13, 2025. Because Souimaniphanh

did not file any timely postjudgment motions or requests with the trial court, his

notice of appeal was due June 12, 2025.1 See Tex. R. App. P. 26.1 (providing that,

absent certain postjudgment motions or requests, a “notice of appeal must be filed

within 30 days after the judgment is signed”); see also Tex. R. Civ. P. 329b (stating that

certain postjudgment motions extend trial court’s plenary power). Souimaniphanh did

not file his notice of appeal until July 22, 2025, making it untimely. See Tex. R. App.

P. 26.1.

We notified Souimaniphanh by letter of our concern that we lack jurisdiction

over this appeal because his notice of appeal was untimely. See Tex. R. App. P. 26.1.

We warned Souimaniphanh that unless he filed a response by August 1, 2025,

showing a reasonable explanation for the late filing of the notice of appeal, we could

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Souimaniphanh untimely filed a motion for new trial on June 17, 2025, which
was likewise due June 12, 2025. Tex. R. Civ. P. 329b(a); Tex. R. App. P. 26.1(a). An
untimely motion for new trial—filed more than 30 days after the judgment is
signed—is ineffective to extend appellate deadlines. See Allstate Fire & Cas. Ins. Co. v.
Dollard, 679 S.W.3d 279, 281–91 (Tex. App.—Fort Worth 2023, no pet.) (dismissing
appeal due to untimely motion for new trial).

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dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 10.5(b), 26.3(b),

42.3(a), 43.2(f). We received no response.

The timely filing of a notice of appeal is jurisdictional in this court, and without

a timely filed notice of appeal or 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, 677 (Tex.

1998); Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997).

Accordingly, because Souimaniphanh’s notice of appeal was untimely, we

dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 26.1, 42.3(a), (c),

43.2(f).

/s/ Brian Walker

Brian Walker
Justice

Delivered: August 14, 2025

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