Background
The trial court (County Court at Law No. 2, Denton County) issued an order of dismissal on April 21, 2025, in Acosta’s case. Under Texas Rule of Appellate Procedure 26.1, a party generally has 30 days from judgment to file a notice of appeal. However, filing a timely postjudgment motion to reinstate extends this deadline to 90 days.
Acosta attempted to invoke this extension by filing a motion to reinstate. However, Texas Rule of Civil Procedure 165a(3) requires that such a motion be filed within 30 days of the dismissal order. Acosta filed her motion to reinstate on May 23, 2025—32 days after the April 21, 2025 dismissal, exceeding the 30-day deadline. She did not file her notice of appeal until May 20, 2026, nearly a year after the dismissal.
The Court of Appeals issued an order calling the timeliness issue to Acosta’s attention and gave her 10 days to show cause for continuing the appeal. Acosta did not respond.
The Court’s Holding
The court held that it lacks jurisdiction to hear the appeal because the notice of appeal was untimely. The court emphasized that the time limits in Rule 165a are “mandatory and jurisdictional,” citing Cummings v. Billman, 634 S.W.3d 163 (Tex. App.—Fort Worth 2021). Since Acosta failed to file her motion to reinstate within 30 days of dismissal, she forfeited the benefit of the 90-day extension and her notice of appeal was due by May 21, 2025.
Because Acosta’s notice of appeal was filed on May 20, 2026—over a year late—the appellate court lacked jurisdiction under Texas Rules of Appellate Procedure 2, 25.1(b), and 26.1. Accordingly, the court dismissed the appeal.
Key Takeaways
- The deadline to file a motion to reinstate under Rule 165a(3) is mandatory and jurisdictional; failure to meet it bars the extension of the notice of appeal deadline to 90 days.
- Missing the extended appeal deadline deprives an appellate court of subject matter jurisdiction, requiring dismissal regardless of the merits.
- A party who misses the initial 30-day deadline must file a timely motion to reinstate to preserve appellate rights.
Why It Matters
This decision reinforces Texas’s strict procedural rules governing appellate jurisdiction. The court cannot overlook even severe delays in filing notices of appeal—failure to timely file a motion to reinstate under Rule 165a(3) is fatal to an appeal. The jurisdictional nature of these deadlines means courts have no discretion to excuse late filings, even if the underlying case has merit.
For practitioners, the decision underscores the critical importance of calendar management and filing deadlines in appellate practice. Missing the 30-day window for a motion to reinstate eliminates any grace period and locks in the original 30-day appeal deadline, leaving no room for error.