Marcus Blalock v. James Polk - Malpractice Case Dismissed
Summary
The Texas Court of Appeals, 10th District, has dismissed the appeal in Marcus Blalock v. James Polk due to an untimely notice of appeal. The court found that the appellant filed the notice of appeal nearly two months after the deadline, rendering the court without jurisdiction to hear the case.
What changed
The Texas Court of Appeals, 10th District, has issued a memorandum opinion dismissing the appeal in the case of Marcus Blalock v. James Polk. The dismissal is based on the appellant's failure to file a timely notice of appeal. The court determined that the notice of appeal was filed almost two months after the deadline of December 29, 2025, which was calculated based on Texas Rule of Appellate Procedure 26.1(a). Consequently, the court lacks jurisdiction to consider the appeal.
This ruling means the original trial court judgment stands. For legal professionals, this serves as a reminder of strict appellate filing deadlines. Failure to adhere to these deadlines, including the 90-day window after judgment (or after a timely motion to modify is overruled), will result in dismissal for want of jurisdiction. There are no provisions for extending the deadline beyond the 15-day grace period under Rule 26.3 for filing a motion to extend.
What to do next
- Review appellate court filing deadlines and procedures.
Source document (simplified)
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March 19, 2026 Get Citation Alerts Download PDF Add Note
Marcus Blalock v. James Polk
Texas Court of Appeals, 10th District (Waco)
- Citations: None known
- Docket Number: 10-26-00068-CV
- Nature of Suit: Malpractice
Disposition: Dismissed-Want of Jurisdiction
Disposition
Dismissed-Want of Jurisdiction
Lead Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00068-CV
Marcus Blalock,
Appellant
v.
James Polk,
Appellee
On appeal from the
County Court at Law of Navarro County, Texas
Senior Judge H. D. Black Jr., presiding
Trial Court Cause No. C24-32228-CV
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
Appellant, Marcus Blalock, appealed from a judgment signed by the trial
court on September 26, 2025. Blalock filed a motion to reconsider in the trial
court on October 21, 2025, which was overruled by operation of law. Blalock
filed a notice of appeal in the trial court on February 20, 2026. Blalock was
notified by letter from the Clerk of this Court that the notice of appeal appears
to be untimely and that the appeal would be dismissed for want of jurisdiction
if Blalock did not show grounds for continuing the appeal. Blalock has filed a
response showing that he was attempting to get a hearing from the trial court
but a hearing was never set until he found out that the motion had been
overruled by operation of law.
A notice of appeal must be filed within 90 days after the judgment is
signed when a motion to modify the judgment is timely filed. TEX. R. APP. P.
26.1(a). The deadline for filing a notice of appeal may be extended if a motion
is filed to extend the deadline within 15 days of the deadline to file a notice of
appeal. TEX. R. APP. P. 26.3. Beyond that time, the notice of appeal is
untimely, and this Court is without jurisdiction to consider it.
In this appeal, the notice of appeal was due on December 29, 2025, due
to holidays and weekends. The notice of appeal was filed almost two months
later, and was therefore, untimely. Accordingly, this Court does not have
jurisdiction and this appeal is dismissed for want of jurisdiction.
LEE HARRIS
Justice
OPINION DELIVERED and FILED: March 19, 2026
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Appeal dismissed
CV06
Blalock v. Polk Page 2
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