Estate of Estella Q. Campos

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-17-00784-CV

ESTATE OF Estella Q. CAMPOS, Deceased

From the Probate Court No. 2, Bexar County, Texas Trial Court No. 2014PC3884 Honorable Tom Rickhoff, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: January 24, 2018 DISMISSED FOR WANT OF JURISDICTION In the case underlying this appeal, the trial court signed an appealable order on September 22, 2017. The deadline to file a motion for new trial was October 23, 2017. See TEX. R. CIV. P. 329b(a). Because no motion for new trial or other timely postjudgment motion that would extend the deadline to file a notice of appeal was filed, the notice of appeal was due thirty days after the judgment was signed, on October 23, 2017. TEX. R. APP. P. 26.1. A motion for extension of time to file a notice of appeal was due not later than November 7, 2017. See id. R. 26.3.

Appellant’s notice of appeal was filed on November 22, 2017, fifteen days after the last day to timely file the notice. See TEX. R. APP. P. 26.3. Because Appellant’s notice of appeal appeared to be untimely, we ordered Appellant to show cause in writing not later than January 3, 2018, why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a);

04-17-00784-CV

Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[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.”). We warned Appellant that if she failed to respond as ordered within the time provided, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c).

On December 28, 2017, Appellant filed a partially completed docketing statement. But to date, Appellant has not filed a response to our December 13, 2017 order requiring her to show how this court has jurisdiction in this appeal. Contra id. R. 42.3(c).

We conclude Appellant’s notice of appeal was not timely filed, and Appellant did not invoke this court’s jurisdiction. See Verburgt, 959 S.W.2d at 617. We dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

PER CURIAM