in the Matter of the Marriage of Wolff

Court of Appeals of Texas

in the Matter of the Marriage of Wolff

DecidedMarch 24, 2021

Docket04-21-00057-CV

StatusPublished

This text of in the Matter of the Marriage of Wolff (in the Matter of the Marriage of Wolff) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in the Matter of the Marriage of Wolff, (Tex. Ct. App. 2021).

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Fourth Court of Appeals San Antonio, Texas March 24, 2021

No. 04-21-00057-CV

Lyn M. WOLFF, Appellant

v.

Jason W. WOLFF, Appellee

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-22278 Honorable Rosie Alvarado, Judge Presiding

ORDER The trial court signed a final judgment on November 6, 2020. A motion for new trial, if any, was due to be filed on or before December 7, 2020. See TEX. R. CIV. P. 329b(a). Appellant filed a motion for new trial on December 10, 2020. Because appellant did not file a timely 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 December 7, 2020. See TEX. R. APP. P. 26.1. A motion for extension of time to file the notice of appeal was due on December 22, 2020, within fifteen days after the deadline. See TEX. R. APP. P. 26.3. Appellant did not file her notice of appeal until February 22, 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). 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 it appears appellant’s notice of appeal was filed untimely, we order appellant to show cause in writing within fifteen (15) days from the date of this order stating why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending our determination of whether we have jurisdiction over this appeal. FILE COPY

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of March, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas March 24, 2021

No. 04-21-00057-CV

Lyn M. WOLFF, Appellant

v.

Jason W. WOLFF, Appellee

From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-22278 Honorable Rosie Alvarado, Judge Presiding

ORDER The trial court signed a final judgment on November 6, 2020. A motion for new trial, if any, was due to be filed on or before December 7, 2020. See TEX. R. CIV. P. 329b(a). Appellant filed a motion for new trial on December 10, 2020. Because appellant did not file a timely 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 December 7, 2020. See TEX. R. APP. P. 26.1. A motion for extension of time to file the notice of appeal was due on December 22, 2020, within fifteen days after the deadline. See TEX. R. APP. P. 26.3. Appellant did not file her notice of appeal until February 22, 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). 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 it appears appellant’s notice of appeal was filed untimely, we order appellant to show cause in writing within fifteen (15) days from the date of this order stating why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending our determination of whether we have jurisdiction over this appeal. FILE COPY

_________________________________ Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 24th day of March, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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