Ali Faris v. Travis Park ( 2022 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-22-00495-CV
Ali Faris, Appellant
v.
Travis Park, Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY
NO. C-1-CV-22-001101, THE HONORABLE ERIC SHEPPERD, JUDGE PRESIDING
MEMORANDUM OPINION
On August 12, 2022, appellant Ali Faris filed a notice of appeal. Faris appeals
from the final judgment signed by the trial court on June 21, 2022. Because the judgment was
signed on June 21, 2022, the notice of appeal was due to be filed on or before July 21, 2022.
See Tex. R. App. P. 26.1 (requiring notice of appeal to be filed within 30 days after judgment is
signed). That July 21, 2022 deadline might have been extended until August 5, 2022, if Faris
had filed either a notice of appeal with the trial court or a motion for extension of time with this
Court within 15 days after the deadline for filing the notice of appeal. See id. R. 26.3; Verburgt
v. Dorner, 959 S.W.2d 615, 617-18 (Tex. 1997) (“[O]nce the period for granting a motion for
extension of time under Rule 41(a)(2) [now Rule 26.3] has passed, a party can no longer invoke
the appellate court’s jurisdiction.”).
On September 21, 2022, after an initial review of the clerk’s record, the Clerk of
this Court sent Faris a letter informing her that the Court appears to lack jurisdiction over the
appeal for the reasons stated above and requesting a response informing us of any basis that
exists for jurisdiction. Faris’s response does not present any information that allows the Court to
extend the deadline to file the notice of appeal. Faris’s August 12, 2022 notice of appeal is
untimely, and we therefore lack jurisdiction over this appeal. See Tex. R. App. P. 25.1(b)
(providing that filing notice of appeal invokes appellate court’s jurisdiction); id. R. 2
(establishing that appellate court may not alter time for perfecting appeal in civil case).
Accordingly, we dismiss the appeal for want of jurisdiction. See id. R. 42.3(a).
__________________________________________
Gisela D. Triana, Justice
Before Chief Justice Byrne, Justice Triana, and Justice Smith
Dismissed for Want of Jurisdiction
Filed: October 18, 2022
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