In the Interest of J.C.B.G., K.A.C., K.L.H., A.S.R., F.D.R., and J.A.H., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 24, 2025
• Docket: 04-25-00520-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00520-CV

IN THE INTEREST OF J.C.B.G., K.A.C., K.L.H., A.S.R., F.D.R., AND J.A.H., Children

From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2023-PA-01753 Honorable Charles E. Montemayor, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice Lori Massey Brissette, Justice Velia J. Meza, Justice

Delivered and Filed: September 24, 2025

DISMISSED FOR LACK OF JURISDICTION

The trial court signed a final judgment on June 3, 2025. Therefore, the notice of appeal was

due to be filed on June 23, 2025. See TEX. R. APP. P. 26.1(b). A motion for extension of time to

file the notice of appeal was due on July 8, 2025, within fifteen days after the deadline. See TEX.

R. APP. P. 26.3. Appellant did not file a motion for extension of time, and appellant did not file her

notice of appeal until August 14, 2025. The notice of appeal represents that appellant did not

receive timely notice of the judgment, but the record does not show that she sought relief under

Rule 306a in the trial court. See TEX. R. CIV. P. 306a. 04-25-00520-CV

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). But “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. Because appellant did not file her notice of appeal

within the fifteen-day grace period provided by Rule 26.3, we have no jurisdiction over this appeal.

See id. We therefore ordered appellant to show cause by September 15, 2025 why this appeal

should not be dismissed for lack of jurisdiction. Appellant failed to respond to our order. Therefore,

we dismiss this appeal for lack of jurisdiction.

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