A Texas court has dismissed an appeal filed by Shawna and Durk DeBoer regarding a property deed they claimed was fraudulent. The ruling affects the DeBoers, who are seeking to prove their ownership of a property in Erath County, Texas. The court's decision emphasizes the importance of timely filing appeals in legal disputes.
The case, Shawna DeBoer and Durk DeBoer v. Angela Cooper as Substitute Trustee and DeBoer REO, LLC, was heard by the Texas Court of Appeals, 11th District, under docket number 11-26-00180-CV. The DeBoers, who represented themselves in court, filed an affidavit in December 2025 claiming that a substitute trustee's deed was fraudulent. They sought to establish this presumption and requested findings of fact and conclusions of law from the trial court.
The dispute arose when the DeBoers filed a petition under Texas law, specifically Section 51.9035 of the Government Code, which allows property owners to contest fraudulent conveyances. The trial court provided its findings of fact and conclusions of law in March and April 2026. However, on June 10, 2026, the trial court dismissed the DeBoers' lawsuit after granting a motion from the appellee, DeBoer REO, LLC, to strike their pleadings. The court ruled that the DeBoers were not represented by a licensed attorney, which is required for entities like DeBoer Agricultural Holdings, LLC.
The Texas Court of Appeals ruled on July 16, 2026, stating that the DeBoers' notice of appeal was filed too late. According to the court, 'Because Appellants failed to file a timely notice of appeal from the trial court’s findings and conclusions, we lack jurisdiction to entertain their appeal.' The panel included Chief Justice Bailey, Justice Trotter, and Justice Williams.
The court's decision underscores the significance of adhering to deadlines in legal proceedings. The DeBoers filed their notice of appeal 55 days after the trial court's order was signed, exceeding the 20-day deadline for accelerated appeals. The court noted that the DeBoers' appeal was subject to dismissal due to this delay.
This ruling has important implications for future cases involving property disputes and fraudulent conveyances in Texas. It reinforces the necessity for property owners to understand the legal processes and timelines involved in contesting actions related to their property. The dismissal of the appeal means that the DeBoers will not have the opportunity to challenge the trial court's findings regarding the alleged fraudulent deed.
Moving forward, this decision may serve as a precedent for similar cases where parties fail to meet filing deadlines. It highlights the court's commitment to enforcing procedural rules and ensuring that appeals are conducted in a timely manner. The ruling affects not only the DeBoers but also other property owners who may find themselves in similar situations.
As for what’s next, the DeBoers may consider seeking legal representation to explore any further options they have. However, the dismissal of their appeal limits their ability to contest the trial court's findings. There are no related cases pending that were mentioned in the court's opinion.