CourtListener 10741076•Lisa Searcy v. Juan Chavarria
Full text
Opinion issued November 18, 2025
In The
Court of Appeals
For The
First District of Texas
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NO. 01-25-00624-CV
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LISA SEARCY, Appellant
V.
JUAN CHAVARRIA, Appellee
On Appeal from the 306th District Court
Galveston County, Texas
Trial Court Case No. 11-FD-3388
MEMORANDUM OPINION
On August 8, 2025, appellant, Lisa Searcy, proceeding pro se, filed a notice
of appeal in connection with the underlying suit affecting the parent-child
relationship. Appellant’s notice of appeal stated that she sought to appeal the trial
court’s “final judgment and other rulings,” but failed to identify any specific “final
judgment” or “other rulings” she was challenging on appeal. See TEX. R. APP. P.
25.1(d)(2). However, the appellate record reflects that on May 7, 2025, the trial
court signed an ”Order of Dismissal for Want of Prosecution,” which appears to be
the final judgment challenged by appellant. Appellant’s August 8, 2025 notice of
appeal was not timely filed to invoke the jurisdiction of this Court.
We therefore dismiss the appeal for lack of jurisdiction.
Absent a timely filed notice of appeal, we lack jurisdiction over an appeal.
See TEX. R. APP. P. 25.1. Generally, a notice of appeal of a final judgment must be
filed within thirty days after the entry of judgment. See TEX. R. APP. P. 26.1.
Accordingly, in order to invoke this Court’s appellate jurisdiction over the trial
court’s May 7, 2025 order, appellant was required to file a notice of appeal on or
before June 6, 2025.
Where a party timely files certain post-judgment motions, the deadline to file
a notice of appeal is extended to ninety days after the entry of judgment. See TEX.
R. APP. P. 26.1(a)(1). Post-judgment motions generally must be filed within thirty
days after the judgment or other order complained of is signed. See TEX. R. CIV. P.
329b(a), (g). The appellate record reflects that appellant did not file any
post-judgment motion with the trial court. Accordingly, appellant’s August 8, 2025
notice of appeal was not timely filed.
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Texas Rule of Appellate Procedure 26.3 allows for an extension of the
deadline to file a notice of appeal if, within fifteen days after the deadline for filing
a notice of appeal, an appellant files a notice of appeal in the trial court, and a motion
for extension of time to file a notice of appeal in the appellate court. Taking this
extension into account, appellant was required to file a notice of appeal in the trial
court, and a motion for extension of time to file a notice of appeal in this Court, no
later than June 23, 2025.
Appellant’s August 8, 2025 notice of appeal was not filed by the deadline for
filing a notice of appeal, even taking into account the extension provided by Texas
Rule of Appellate Procedure 26.3. Further, the Court’s records do not indicate that
appellant filed a motion to extend the deadline to file her notice of appeal.
Appellant’s August 8, 2025 notice of appeal was therefore not timely filed.
Accordingly, on October 9, 2025, the Court notified appellant that it appeared
the Court lacked jurisdiction over the appeal because her notice of appeal from the
trial court’s May 7, 2025 order was not timely filed. Appellant was directed to file
a written response within ten days demonstrating, with citation to law and the record,
that the Court had jurisdiction over the appeal.
On October 9, 2025, appellant filed a response to the Court’s notice. In her
response, appellant failed to establish that her notice of appeal was timely filed, or
that the Court had jurisdiction over the appeal.
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We therefore dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P.
42.3(a), (c), 43.2(f). All pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Gunn, and Caughey.
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