Harold D. Barnes v. Etienne B. Etchouekang ( 2024 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-24-00627-CV
Harold D. BARNES,
Appellant
v.
Etienne B. ETCHOUEKANG,
Appellee
From the County Court At Law No. 10, Bexar County, Texas
Trial Court No. 2021CV03731
Honorable Cesar Garcia, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice
Delivered and Filed: October 23, 2024
DISMISSED FOR LACK OF JURISDICTION
The trial court signed a final appealable order on July 18, 2024. Because appellant did not
file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request
for findings of fact and conclusions of law, the notice of appeal was due by August 19, 2024. See
TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due by
September 2, 2024. See TEX. R. APP. P. 26.3.
04-24-00627-CV
Appellant filed his notice of appeal on September 13, 2024. “[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 notice of appeal was untimely filed, on
September 24, 2024, we ordered appellant to show cause why this appeal should not be dismissed
for lack of jurisdiction. See id. In our order, we noted that if appellant failed to adequately respond
by October 4, 2024, this appeal would be dismissed for lack of jurisdiction. See TEX. R. APP. P.
42.3. Appellant did not respond to our September 24, 2024, order. We dismiss this appeal for lack
of jurisdiction.
PER CURIAM
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