Steven Robles v. Sally Alba ( 2019 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00420-CV
Steven ROBLES,
Appellant
v.
Sally ALBA, et al.,
Appellees
From the 365th Judicial District Court, Maverick County, Texas
Trial Court No. 090324241MCVAJA
Honorable Amado J. Abascal, III, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: July 10, 2019
DISMISSED
This is an attempted appeal from a final order in a suit affecting the parent-child
relationship, dated August 10, 2009. Appellant filed a “Motion for Leave to File Late Notice of
Appeal” on June 20, 2019.
Absent a timely filed notice of appeal from a final judgment or appealable interlocutory
order, we do not have jurisdiction over an appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,
195 (Tex. 2001). A notice of appeal must be filed within thirty days after the judgment or other
appealable order is signed if no deadline-extending post-judgment motions have been filed. See
04-19-00420-CV
TEX. R. APP. P. 26.1. A motion for extension of time is necessarily implied when an appellant,
acting in good faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the
fifteen-day grace period provided by Rule 26.3 for filing a motion for extension of time. Verburgt
v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). “Once the
period for granting a motion for extension of time under [Rule 26.3] has passed, a party can no
longer invoke an appellate court’s jurisdiction.” Id.
Here, appellant did not file a notice of appeal within the time allowed by Rule 26.1, nor
did he file a notice of appeal or motion for extension of time to file a notice of appeal within the
fifteen-day grace period provided by Rule 26.3. Accordingly, this appeal and appellant’s motion
for leave are dismissed for lack of jurisdiction.
PER CURIAM
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