in the Interest of J.A.O., a Child
This text of in the Interest of J.A.O., a Child (in the Interest of J.A.O., a Child) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00280-CV
IN THE INTEREST OF J.A.O., A CHILD
From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2013EM503255 Honorable Eric Rodriguez, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice
Delivered and Filed: August 8, 2018
DISMISSED FOR LACK OF JURISDICTION
The trial court signed the Order in Suit for Modification of Support Order and to Confirm
Support Arrearage on January 22, 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 February 21, 2018. See TEX. R.
APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on March 8,
2018. See TEX. R. APP. P. 26.3. Appellant did not file a motion for extension of time, and the
notice of appeal was filed on April 26, 2018.
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, 04-18-00280-CV
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, ordered appellant to show cause in writing on or before June 21, 2018 why
this appeal should not be dismissed for lack of jurisdiction. Although appellant filed a pro se
motion to modify judgment in this court on June 18, 2018, that motion was not responsive to our
order. Further, a motion to modify judgment must be filed in the trial court. See TEX. R. CIV. P.
329b(a).
Accordingly, we deny appellant’s motion and dismiss this appeal for lack of jurisdiction.
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