Background
Nataliya Allen sought to appeal an April 10, 2026 order approving the sale of real property in a probate proceeding involving the Estate of James Perry Allen, Jr. She filed her notice of appeal on May 29, 2026.
VeraBank, N.A., acting as successor dependent administrator of the estate, moved to dismiss the appeal as untimely. The remaining appellees filed a separate motion seeking dismissal on the same ground. Allen did not respond, had not filed a motion extending the appellate deadline, and did not request an extension of time to file her notice of appeal.
The Court’s Holding
The First Court of Appeals held that the May 29 notice of appeal was untimely under either potentially applicable deadline. If the probate order was an appealable interlocutory order, the notice was due within 20 days, on April 30; if the 30-day deadline applied, it was due by May 11.
Because no qualifying post-order motion or valid extension preserved a later deadline, the untimely notice failed to invoke the court’s appellate jurisdiction. The court granted both motions to dismiss, dismissed the appeal for want of jurisdiction, and dismissed all pending motions as moot.
Key Takeaways
- A timely notice of appeal is required to invoke a Texas appellate court’s jurisdiction.
- The appeal was late whether the probate order triggered a 20-day or 30-day filing period.
- Without a deadline-extending motion or a timely extension request, the court could not consider the merits.
Why It Matters
The decision underscores that parties appealing probate orders must promptly determine whether an order is immediately appealable and which deadline applies. Waiting beyond even the longer potentially applicable period leaves the appellate court without jurisdiction.
It also illustrates that uncertainty between two possible appellate deadlines does not save an appeal filed after both have expired.