Frederick Beebe v. City of San Antonio, by and Through Its Agent, CPS Energy ( 2022 )

Fourth Court of Appeals San Antonio, Texas February 1, 2022 No. 04-22-00033-CV Frederick BEEBE, Appellant v. CITY OF SAN ANTONIO, by and through its agent, CPS Energy, Appellee From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2019CI19603 Honorable Antonia Arteaga, Judge Presiding ORDER The trial court signed a final judgment on October 19, 2021. A motion for new trial, if any, was due to be filed on or before November 18, 2021. See TEX. R. CIV. P. 329b(a). Appellant filed a motion for new trial on November 19, 2021. Because appellant did not file a timely motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on November 18, 2021. See TEX. R. APP. P. 26.1. A motion for extension of time to file the notice of appeal was due on December 3, 2021, within fifteen days after the deadline. See TEX. R. APP. P. 26.3. Appellant did not file the notice of appeal until January 13, 2022. Appellant also filed a motion for extension of time on January 13, 2022. An appellate court may extend the time to file the notice of appeal if, within 15 days after the deadline for filing the notice of appeal, the party (i) files the notice of appeal in the trial court, and (ii) files a motion for extension in compliance with Rule 10.5(b) in the appellate court. TEX. R. APP. P. 26.3. “[O]nce the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no longer invoke the appellate court’s jurisdiction.” Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Because it appears appellant’s notice of appeal was filed untimely, we order appellant to show cause in writing within fifteen (15) days from the date of this order stating why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending our determination of whether we have jurisdiction over this appeal. _________________________________ Liza A. Rodriguez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 1st day of February, 2022. ___________________________________ Michael A. Cruz, Clerk of Court