Patrick Minor v. Diverse Facility Solutions, Inc.

• Court: Court of Appeals of Texas
• Decided: September 27, 2023
• Docket: 04-23-00715-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00715-CV

Patrick MINOR, Appellant

v.

DIVERSE FACILITY SOLUTIONS, INC., Appellee

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2023-CI-00587 Honorable Marisa Flores, Judge Presiding

PER CURIAM

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

Delivered and Filed: September 27, 2023

DISMISSED FOR LACK OF JURISDICTION

Appellant attempts to appeal the trial court’s order granting Diverse Facility Solutions,

Inc.’s motion for summary judgment. 1 A timely filed notice of appeal is necessary to invoke this

court’s jurisdiction. See Sweed v. Nye, 323 S.W.3d 873, 875 (Tex. 2010); N. Cent. Baptist Hosp.

v. Chavez, No. 04-20-00590-CV, 2021 WL 983351, at *1 (Tex. App.—San Antonio Mar. 17,

2021, no pet.) (mem. op.). In this case, the trial court signed the summary judgment on June 5,

2023. Because appellant did not file a motion for new trial, motion to modify judgment, motion

1 The summary judgment disposed of all pending parties and claims. 04-23-00715-CV

for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was

due to be filed on July 5, 2023. See TEX. R. APP. P. 26.1. A motion for extension of time to file

the notice of appeal was due on July 20, 2023. See id. 26.3. Appellant did not file his notice of

appeal until August 3, 2023, and he did not file a motion for extension of time pursuant to

Rule 26.3. See id.

On August 15, 2023, we informed appellant his notice of appeal was not timely filed and

ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction.

See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[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.”). We cautioned appellant that we would dismiss the appeal if he

did not respond to our show cause order by August 28, 2023. To date, appellant has not responded

to our order. Accordingly, we dismiss this appeal for lack of jurisdiction. See TEX. R. APP.

P. 42.3(a).

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