In the Interest of L. C. G., a Child v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00886-CV
IN THE INTEREST OF L.C.G., a Child
From the 285th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-13767
Honorable Cathleen M. Stryker, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: December 6, 2023
DISMISSED FOR WANT OF JURISDICTION
On August 21, 2017, the trial court signed an order establishing the parent-child
relationship and determining conservatorship and visitation. Appellant’s notice of appeal was due
on September 20, 2017, or a motion for extension of time to file a notice of appeal was due on
October 5, 2017. See TEX. R. APP. P. 26.1, 26.3; see generally Verburgt v. Dorner, 959 S.W.2d
615, 617 (Tex. 1997) (“[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 period in which the appellant would be entitled to move to extend the filing deadline
under Rule [26.3].” (emphasis added)).
On October 2, 2023, after the deadline to file the notice of appeal, Appellant, the child’s
father, filed a notice of appeal. On October 26, 2023, we advised Appellant that a timely notice
04-23-00886-CV
of appeal is necessary to invoke this court’s appellate jurisdiction. See TEX. R. APP. P. 26.1. See
generally Verburgt, 959 S.W.2d at 617. We ordered Appellant to show cause in writing to this
court by November 6, 2023, why this appeal should not be dismissed for want of jurisdiction.
Appellant responded on November 5, 2023, that this court maintains jurisdiction to
consider his appeal because it concerns standing, which may be challenged at any time. We agree
that standing may be challenged at any time. See Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852
S.W.2d 440, 444 (Tex. 1993). However, an order from the trial court may only be appealed within
thirty days of its entry under Rule 26.1. See TEX. R. APP. P. 26.1. See generally Verburgt, 959
S.W.2d at 617. We now dismiss this appeal of the trial court’s August 21, 2017 order for want of
jurisdiction. See TEX. R. APP. P. 42.3.
PER CURIAM
-2-