Raymond Trent Peterek v. Stanley Oehlke

• Court: Court of Appeals of Texas
• Decided: November 19, 2020
• Docket: 13-20-00318-CV
• Status: Published

Opinion

NUMBER 13-20-00318-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

RAYMOND TRENT PETEREK, Appellant,

v.

STANLEY OEHLKE, Appellee. ____________________________________________________________

On appeal from the 135th District Court of Goliad County, Texas. ____________________________________________________________

MEMORANDUM OPINION Before Justices Benavides, Hinojosa, and Tijerina Memorandum Opinion by Justice Tijerina

Appellant, Raymond Trent Peterek, attempted to perfect an appeal from a

judgment entered by the 135th Judicial District of Goliad County, Texas, in cause number

18-02-0644-CV, on January 9, 2020. The notice of appeal was filed in this matter on July

20, 2020, nearly six months after the judgment. A court of appeals may only entertain a motion to extend the deadline to timely file

a notice of appeal within a 15-day grace period. See Tex. R. App. P. 26.3. The times for

filing a notice of appeal are jurisdictional, and absent a timely filed notice of appeal or an

extension request, we must dismiss the appeal. See Tex. R. App. P. 2, 25.1(b),

26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (holding that once extension

period has passed, a party can no longer invoke an appellate court's jurisdiction).

Accordingly, the motion for leave to file notice of appeal is hereby DENIED.

Furthermore, the Court, having examined and fully considered the documents on file and

appellant’s failure to timely perfect his appeal and failure to timely file a motion for

extension, is of the opinion the appeal should be dismissed for want of jurisdiction.

Accordingly, the appeal is DISMISSED FOR WANT OF JURISDICTION. See Tex. R.

App. P. 42.3(a).

JAIME TIJERINA Justice

Delivered and filed the 19th day of November, 2020.