Roblesv.Alba

Fourth Court of Appeals San Antonio, TexasJul 10, 2019
No. 04-19-00420-CV (Tex. App. Jul. 10, 2019)

No. 04-19-00420-CV

07-10-2019

Steven ROBLES, Appellant v. Sally ALBA, et al., Appellees


MEMORANDUM OPINION

From the 365th Judicial District Court, Maverick County, Texas
Trial Court No. 090324241MCVAJA
Honorable Amado J. Abascal, III, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice DISMISSED

This is an attempted appeal from a final order in a suit affecting the parent-child relationship, dated August 10, 2009. Appellant filed a "Motion for Leave to File Late Notice of Appeal" on June 20, 2019.

Absent a timely filed notice of appeal from a final judgment or appealable interlocutory order, we do not have jurisdiction over an appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A notice of appeal must be filed within thirty days after the judgment or other appealable order is signed if no deadline-extending post-judgment motions have been filed. See TEX. R. APP. P. 26.1. 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 grace period provided by Rule 26.3 for filing a motion for extension of time. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). "Once the period for granting a motion for extension of time under [Rule 26.3] has passed, a party can no longer invoke an appellate court's jurisdiction." Id.

Here, appellant did not file a notice of appeal within the time allowed by Rule 26.1, nor did he file a notice of appeal or motion for extension of time to file a notice of appeal within the fifteen-day grace period provided by Rule 26.3. Accordingly, this appeal and appellant's motion for leave are dismissed for lack of jurisdiction.

PER CURIAM