Angel L. Suarez v. San Marcos Airport

• Court: Court of Appeals of Texas
• Decided: November 20, 2018
• Docket: 04-18-00877-CV
• Status: Published

Opinion

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