in the Matter of D.J.S. ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00469-CV
IN THE MATTER OF D.J.S.
From the 289th Judicial District Court, Bexar County, Texas
Trial Court No. 2017JUV00148
Honorable Carlos Quezada Jr., Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: January 27, 2021
DISMISSED FOR LACK OF JURISDICTION
On August 20, 2018, the trial court ordered appellant returned to the Texas Juvenile Justice
Department with approval of his release under supervision to the Texas Department of Criminal
Justice – Parole Division to serve the remainder of his sentence pursuant to sections 53.045, 54.05,
and 54.11 of the Texas Family Code. See TEX. FAM. CODE ANN. §§ 53.045, 54.05, 54.11. On
September 17, 2020, appellant filed a motion for leave to file a late notice of appeal with the trial
court. A copy of appellant’s motion was subsequently filed in our court and docketed as a notice
of appeal.
Texas Rule of Appellate Procedure 26.1 provides that a notice of appeal must be filed
within thirty days after the judgment or order appealed from is signed unless a timely motion for
new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact
04-20-00469-CV
and conclusions of law is filed. TEX. R. APP. P. 26.1. If such a motion or request is filed, then the
notice of appeal must be filed within ninety days after the judgment or order is signed. Id. R.
26.1(a)(1). We may extend the time to file the notice of appeal if, within fifteen days after the
deadline for filing the notice of appeal, the appellant files the notice of appeal and a motion for
extension of time. Id. R. 26.3.
Here, appellant filed his motion for leave to file a late notice of appeal well after the
prescribed time limit for perfecting an appeal. See id. R. 26.1, 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.” See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997)
(construing the predecessor to Rule 26). Because the clerk’s record showed the notice of appeal
was untimely filed, we ordered appellant to show cause why this appeal should not be dismissed
for lack of jurisdiction by January 4, 2021. See id. We cautioned appellant that if he failed to
respond by the date ordered, we would dismiss the appeal for lack of jurisdiction. See TEX. R.
APP. P. 42.3. Appellant has not responded to our order.
Accordingly, we dismiss appellant’s motion for leave to file a late notice of appeal and this
appeal for lack of jurisdiction. We dismiss all other pending motions as moot.
PER CURIAM
-2-