Huerta v. Port SA MT — Dismissed an untimely eviction appeal for lack of jurisdiction

Case
Martha Huerta and Carlos Huerta v. Port SA MT, LLC
Court
Texas Fourth Court of Appeals
Judge
Rebeca C. Martinez (elected 2012); Irene Rios (elected 2016); Velia J. Meza (elected 2024)
Date Decided
October 21, 2026
Docket No.
04-26-00631-CV
Topics
Appellate Jurisdiction, Notice of Appeal, Forcible Detainer
Source
Read the full opinion

Background

Martha and Carlos Huerta sought to appeal a forcible-detainer judgment from Bexar County Court at Law No. 3. Although the appellate record did not contain the final judgment, the record indicated that the trial court had signed a final, appealable judgment on December 5, 2024.

The Huertas filed their notice of appeal on July 9, 2026. After the court of appeals ordered them to explain why the appeal should not be dismissed for lack of jurisdiction, Martha Huerta responded that she sought the appeal because she had been evicted on January 27, 2025. The response did not address either the missing final order or the timeliness of the appeal.

The Court’s Holding

The Fourth Court of Appeals held that the notice of appeal was untimely. Because the appellate deadline began when the trial court signed its final judgment, the apparent December 5, 2024 signing date required the Huertas to file their notice of appeal by January 6, 2025.

The July 9, 2026 notice was filed well after that deadline. The court therefore concluded that it lacked appellate jurisdiction and dismissed the appeal for want of jurisdiction.

Key Takeaways

  • The deadline to appeal begins when the trial court signs a final judgment.
  • A response to a jurisdictional show-cause order must address the timeliness defect; explaining the reason for seeking an appeal does not cure a late notice.
  • An untimely notice of appeal deprives a Texas appellate court of jurisdiction and requires dismissal.

Why It Matters

The decision underscores the jurisdictional consequences of missing an appellate deadline, including in forcible-detainer proceedings. Parties seeking review must determine when the final judgment was signed and file their notice of appeal within the applicable period.

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