Ernesto O. Yanez v. the Office of the Attorney General of Texas
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Opinion
Fourth Court of Appeals San Antonio, Texas November 24, 2021
No. 04-21-00500-CV
Ernesto O. YANEZ, Appellant
v.
THE OFFICE OF THE ATTORNEY GENERAL OF TEXAS, Appellee
From the 454th Judicial District Court, Medina County, Texas Trial Court No. 21-01-26863-CV Honorable Daniel J. Kindred, Judge Presiding
ORDER Appellant attempts to appeal the trial court’s Order Denying Petitioner’s Requests for Relief. The trial court signed the order on July 6, 2021. Because the appellant filed a motion for new trial, the notice of appeal was due October 4, 2021. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on October 19, 2021. See TEX. R. APP. P. 26.3. Appellant filed his notice of appeal on November 9, 2021. Appellant did not file a motion for extension of time.
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. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). However, “once 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.” Id.
We therefore ORDER appellant to file, on or before December 15, 2021, a response showing cause why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). All deadlines in this appeal are suspended until further order of the court.
_________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of November, 2021.
___________________________________ MICHAEL A. CRUZ, Clerk of Court
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