Background
Alexander Henderson attempted to appeal four judgments entered by the 297th District Court of Tarrant County on March 11, 2026. Because Henderson filed a motion for new trial, Texas Rule of Appellate Procedure 26.1(a)(1) required him to file his notice of appeal by June 9, 2026.
Henderson filed his notice of appeal on June 15, 2026, but did not file a motion for an extension of time under Texas Rule of Appellate Procedure 10.5(b). The court of appeals notified him that the appeals were subject to dismissal for want of jurisdiction unless he or another party provided a reasonable explanation for the late filing. No response was filed.
The Court’s Holding
The Texas Second Court of Appeals dismissed all four appeals for want of jurisdiction. The court held that Henderson’s June 15 notice of appeal was untimely because the filing deadline was June 9.
Because Henderson neither sought an extension nor responded to the court’s notice requesting a reasonable explanation for the delay, the court concluded that it lacked jurisdiction to consider the appeals and dismissed them under Texas Rule of Appellate Procedure 43.2(f).
Key Takeaways
- A motion for new trial extended Henderson’s notice-of-appeal deadline to June 9, 2026.
- His notice filed six days after that deadline was untimely, and he did not move for an extension.
- The court dismissed all four appeals for want of jurisdiction after receiving no response explaining the late filing.
Why It Matters
The decision underscores that a timely notice of appeal is essential to appellate jurisdiction in Texas criminal cases. When a notice is filed late, counsel must promptly use any available extension procedure and respond to jurisdictional notices from the appellate court.