Angel L. Suarez v. San Marcos Airport

Fourth Court of Appeals
San Antonio, Texas
November 20, 2018
No. 04-18-00877-CV
Angel L. SUAREZ,
Appellant
v.
SAN MARCOS AIRPORT,
Appellee
From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2018-CV-04527
Honorable Karen Crouch, Judge Presiding
ORDER
The trial court signed a final appealable order on September 27, 2018. 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 to be filed on
October 29, 2018. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice
of appeal was due on November 12, 2018. See TEX. R. APP. P. 26.3.
Appellant filed his notice of appeal on November 16, 2018. “[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,
appellant is ORDERED to show cause in writing within two weeks from the date this order is
signed why this appeal should not be dismissed for lack of jurisdiction. See id. All other
appellate deadlines are suspended pending our resolution of the jurisdictional issue.
_________________________________
Sandee Bryan Marion, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 20th day of November, 2018.
___________________________________
KEITH E. HOTTLE,
Clerk of Court