James H. Armstrong v. Greater Woodlake Homeowners Association, Inc.

• Court: Court of Appeals of Texas
• Decided: May 15, 2024
• Docket: 04-24-00092-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00092-CV

James H. ARMSTRONG, Appellant

v.

GREATER WOODLAKE HOMEOWNERS ASSOCIATION, INC., Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-04205 Honorable Cathleen M. Stryker, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice Beth Watkins, Justice Liza A. Rodriguez, Justice

Delivered and Filed: May 15, 2024

DISMISSED FOR LACK OF JURISDICTION

The trial court signed a final appealable order on February 23, 2015. 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 by March 25, 2015. See

TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due by

April 9, 2015. See TEX. R. APP. P. 26.3.

Appellant filed his notice of appeal on January 31, 2024, nearly nine years late. “[O]nce

the period for granting a motion for extension of time under Rule [26.3] has passed, a party can no 04-24-00092-CV

longer invoke the appellate court’s jurisdiction.” See Verburgt v. Dorner, 959 S.W.2d 615, 617

(Tex. 1997) (construing the predecessor to Rule 26). Because the notice of appeal was untimely

filed, on April 1, 2024, we ordered appellant to show cause why this appeal should not be dismissed

for lack of jurisdiction. See id. In our order, we explained that if appellant failed to adequately

respond by April 11, 2024, this appeal would be dismissed for lack of jurisdiction. See TEX. R.

APP. P. 42.3.

Appellant has not filed a response to our order. Accordingly, we dismiss this appeal for

lack of jurisdiction.

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