in the Interest of A.J.R., a Child ( 2015 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00213-CV
IN THE INTEREST OF A.J.R., a Child
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2014EM501263
The Honorable Nick Catoe Jr., Judge Presiding
PER CURIAM
Sitting: Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Delivered and Filed: July 22, 2015
DISMISSED FOR WANT OF JURISDICTION
Appellant, who is pro se, appeals a trial court order in a suit affecting the parent-child
relationship that was signed August 11, 2014. Appellant did not timely file a motion that would
have extended the appellate timetable. See TEX. R. CIV. P. 329b(g); TEX. R. APP. P. 26.1(a). Thus,
the notice of appeal was due September 10, 2014, or a motion for extension of time to file the
notice of appeal was due fifteen days later on September 25, 2014. See TEX. R. APP. P. 26.1, 26.3.
Appellant did not file a timely notice of appeal or a motion for extension of time to file the notice
of appeal. However, on April 10, 2015, appellant filed a notice of appeal.
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 of the Texas Rules of Appellate
Procedure, but within the fifteen-day grace period provided by Rule 26.3 for filing a motion for
04-15-00213-CV
extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 615 (1997) (construing predecessor
to Rule 26). But “once 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.” Id.
On June 4, 2015, we ordered appellant to file, on or before, July 6, 2015, a response
showing cause why this appeal should not be dismissed for lack of jurisdiction. We advised
appellant that if he failed to satisfactorily respond within the time provided, the appeal would be
dismissed. See TEX. R. APP. P. 42.3(a), (c). Appellant did not timely file a response.
Appellant’s notice of appeal was untimely, and the period for granting appellant an
extension of time to file his notice passed before he ultimately filed his notice of appeal in April
2015. Accordingly, appellant cannot invoke our jurisdiction, and we dismiss the appeal for want
of jurisdiction.
PER CURIAM
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