John Donohue v. Martha Donohue

Opinion

s

Fourth Court of Appeals San Antonio, Texas July 2, 2014

No. 04-14-00265-CV

John DONOHUE, Appellant

v.

Martha DONOHUE, Appellee

From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2012CI19573 Honorable David A. Canales, Judge Presiding

ORDER Appellant John M. Donohue appeals a final decree of divorce signed October 8, 2013. Appellant did not file a timely motion that would have extended the appellate timetable. See TEX. R. CIV. P. 329b(g); TEX. R. APP. P. 26.1(a). Thus, the notice of appeal was due November 7, 2013, or a motion for extension of time to file the notice of appeal was due fifteen days later on November 24, 2013 (November 22, 2013, the actual due date, was a Saturday). See TEX. R. APP. P. 26.1, 26.3. Appellant did not file a timely notice of appeal or a timely motion for extension of time to file the notice of appeal. However, on April 22, 2014, appellant filed a notice of appeal and a motion for extension of time to file a notice of appeal.

The supreme court holds that “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.” See Verburgt v. Dorner, 959 S.W.2d 615, 615 (1997) (construing predecessor to Rule 26).

We therefore ORDER appellant to file, on or before August 1, 2014, a response showing cause why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(a), (c). If a supplemental clerk’s record is required, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.

_________________________________ Marialyn Barnard, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 2nd day of July, 2014.

___________________________________ Keith E. Hottle Clerk of Court