Francine Suzette Bakabadio Biyoudi v. Ream Synarel Banhy Zitha Appeal from 150th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00129-CV Francine Suzette Bakabadio BIYOUDI, Appellant v. Ream Synarel Banhy ZITHA, Appellee From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2023CI16321 Honorable Tina Torres, Judge Presiding PER CURIAM Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice Delivered and Filed: April 24, 2024 DISMISSED FOR LACK OF JURISDICTION On February 21, 2024, appellant filed a pro se notice of appeal, appealing the trial court’s December 26, 2023 order. A timely notice of appeal is necessary to invoke this court’s jurisdiction. See Sweed v. Nye, 323 S.W.3d 873 (Tex. 2010); Verburgt v. Dorner, 959 S.W.2d 615, 616 (Tex. 1997); see also TEX. R. APP. P. 25.1(b) (providing appeal is perfected when notice of appeal is filed). Rules 26.1 and 26.3 of the Texas Rules of Appellate Procedure prescribe the time period during which a notice of appeal or a motion for extension of time to file a notice of appeal must be filed to perfect an appeal in a civil case. See TEX. R. APP. P. 26.1, 26.3. They provide when a 04-24-00129-CV party does not file a timely post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days after the judgment is signed or, with an extension motion, fifteen days after the deadline. See id. R. 26.1, 26.3. Because appellant did not file a timely post-judgment motion extending the appellate timetable, the notice of appeal was due no later than January 25, 2024, or February 9, 2024 with an extension of time. See id. R. 4.1(a), 26.1(a), 26.3. Because the notice of appeal was untimely filed, and no motion for extension of time was filed, we ordered appellant to show cause by April 5, 2024 why this appeal should not be dismissed for lack of jurisdiction. No response has been filed. Accordingly, this appeal is dismissed for lack of jurisdiction. PER CURIAM -2-

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