Rodolfo Espinosa Lua and Anel Lua v. Capital Plus Financial, LLC

• Court: Court of Appeals of Texas
• Decided: April 14, 2023
• Docket: 05-23-00258-CV
• Status: Published

Opinion

DISMISS and Opinion Filed April 14, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00258-CV

RODOLFO ESPINOSA LUA AND ANEL LUA, Appellants V. CAPITAL PLUS FINANCIAL, LLC, Appellee

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-19-02051-C

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns Before the Court is appellants’ motion for extension of time to file their

notice of appeal. Appellants filed their notice of appeal in the trial court on March

17, 2023. In the notice of appeal, appellants state they are appealing the trial

court’s order rendered “on or about January 31, 2023.” The trial court signed two

orders on January 30, 2023.1 It did not sign an order on January 31, 2023.

1 The two orders signed on January 30, 2023 are: (1) Order on Plaintiff’s Second Supplemental Motion for Issuance of Writ of Possession; and (2) Order on Plaintiff’s Motion to Confirm Funds in the Registry of the Court and to Confirm the Arrearages of the Amounts Owed to Stay Writ of Possession. For purposes of this opinion, the Court assumes without deciding that the orders are appealable. This Court’s authority to grant an extension to file a notice of appeal is

limited to appeals filed within fifteen days of the deadline prescribed by Texas

Rule of Appellate Procedure 26.1. See TEX. R. APP. P. 26.3. Because appellants

did not file a timely post-judgment motion extending appellate deadlines, the

notice of appeal was due on March 1, 2023 or, with an extension motion, March

16th. See id. 26.1, 26.3. Appellants filed their notice of appeal on March 17th, one

day past the last applicable deadline. Because the notice of appeal was filed

beyond the fifteen-day grace period, we lack authority to grant it.

Accordingly, we deny the extension motion and dismiss the appeal for want

of jurisdiction. See id. 42.3(a).

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 230258F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

RODOLFO ESPINOSA LUA AND On Appeal from the County Court at ANEL LUA, Appellants Law No. 3, Dallas County, Texas Trial Court Cause No. CC-19-02051- No. 05-23-00258-CV V. C. Opinion delivered by Chief Justice CAPITAL PLUS FINANCIAL, LLC, Burns. Justices Molberg and Pedersen, Appellee III participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee CAPITAL PLUS FINANCIAL, LLC recover its costs of this appeal from appellants RODOLFO ESPINOSA LUA AND ANEL LUA.

Judgment entered April 14, 2023

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