Meredith De La Pena v. Ruben De La Pena ( 2022 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-22-00549-CV
Meredith DE LA PENA,
Appellant
v.
Ruben DE LA PENA,
Appellee
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2019-CI-24731
Honorable Nicole Garza, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: November 2, 2022
DISMISSED FOR LACK OF JURISDICTION
Sensing a defect in our jurisdiction because of an untimely notice of appeal, this court
ordered appellant to show cause in writing why this appeal should not be dismissed for lack of
jurisdiction. See TEX. R. APP. P. 42.3. Appellant’s response provided us with no legal basis for
why we would possess jurisdiction.
The trial court signed a final judgment on May 3, 2022. Appellant filed a timely motion
for new trial on May 5, 2022. Therefore, the notice of appeal was due to be filed August 1, 2022.
See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due
04-22-00549-CV
on August 16, 2022, but none was filed by that date. See TEX. R. APP. P. 26.3. Instead, appellant
filed a notice of appeal on August 26, 2022. 1
A notice of appeal filed more than fifteen days after August 1, 2022, did not invoke this
court’s appellate jurisdiction. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997); see also TEX.
R. APP. P. 26.3. Therefore, we dismiss the appeal for lack of jurisdiction. 2 See TEX. R. APP. P.
42.3(a).
PER CURIAM
1
The trial court signed a Final Decree of Divorce on May 3, 2022. Appellant’s notice of appeal states she desires to
appeal “the judgment or other appealable order rendered on May 24, 2022.” The clerk’s record does not contain a May
24th judgment or order.
2
Appellant’s motion for mediation and abatement is dismissed as moot.
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