in the Matter of D.J.S.

• Court: Court of Appeals of Texas
• Decided: October 13, 2020
• Docket: 04-20-00469-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas

October 13, 2020

No. 04-20-00469-CV

IN THE MATTER OF D.J.S.,

From the 289th Judicial District Court, Bexar County, Texas Trial Court No. 2017JUV00148 Honorable Carlos Quezada Jr., Judge Presiding

ORDER

On August 20, 2018, the trial court ordered appellant returned to the Texas Juvenile Justice Department with approval of his release under supervision to the Texas Department of Criminal Justice – Parole Division to serve the remainder of his sentence, pursuant to sections 53.045, 54.05, and 54.11 of the Texas Family Code. See TEX. FAM. CODE ANN. §§ 53.045, 54.05, 54.11. On September 17, 2020, appellant filed a motion for leave to file a late notice of appeal with the trial court. A copy of appellant’s motion was subsequently filed in our court.

Appellant filed his motion for leave to file a late notice of appeal well after the prescribed time limit for perfecting an appeal. See TEX. R. APP. P. 26.1; see also R. 26.3 (providing for a fifteen-day grace period). “[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. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). Accordingly, appellant is ORDERED to show cause in writing within fourteen (14) days from the date of this order why this appeal should not be dismissed for lack of jurisdiction. All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________ Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of October, 2020. ___________________________________ MICHAEL A. CRUZ, Clerk of Court