Luis A. Uribe v. Sara Rodriguez Uribe

• Court: Court of Appeals of Texas
• Decided: June 19, 2013
• Docket: 04-12-00628-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00628-CV

Luis A. URIBE, Appellant

v.

Sara Rodriguez URIBE, Appellee

From the County Court at Law No. 1, Webb County, Texas Trial Court No. 2004CVG001255 C1 Honorable Alvino (Ben) Morales, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: June 19, 2013

DISMISSED FOR LACK OF JURISDICTION

Appellant attempts to appeal from a final judgment signed on November 13, 2008. The

notice of appeal, however, was not filed until September 19, 2012, well after the prescribed time

limit for perfecting appeal. See TEX. R. APP. P. 26.1. “[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.” See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the

predecessor to Rule 26); In re Estate of Padilla, 103 S.W.3d 563, 567 (Tex. App.—San Antonio

2003, no pet.); Grondoma v. Sutton, 991 S.W.2d 90, 93 (Tex. App.—Austin 1998, pet. denied). 04-12-00628-CV

Accordingly, on May 24, 2013, we ordered appellant to show cause in writing why this

appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. We, therefore,

dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

-2-