Wells Fargo Bank, N.A. v. Jennifer Silberberg

• Court: Court of Appeals of Texas
• Decided: May 21, 2025
• Docket: 04-24-00473-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-24-00473-CV

WELLS FARGO BANK, N.A., Appellant

v.

Jennifer SILBERBERG, Appellee

From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2023-CI-16783 Honorable Antonia Arteaga, Judge Presiding

PER CURIAM

Sitting: Irene Rios, Justice H. Todd McCray, Justice Velia J. Meza, Justice

Delivered and Filed: May 21, 2025

DISMISSED FOR WANT OF JURISDICTION

On March 15, 2024, the trial court signed a final, appealable order. A notice of appeal was

due April 14, 2024, and a motion for extension of time to file a notice of appeal was due on April

29, 2024. See TEX. R. APP. P. 26.1, 26.3. Appellant filed its notice of appeal July 12, 2024—119

days after the judgment was signed, and never filed a motion for extension.

On April 21, 2025, we ordered Appellant to show cause in writing by May 6, 2025, why

this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 10.5(b)

(requirements for a motion for extension of time); Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 04-24-00473-CV

670 (Tex. 1989) (reasonable explanation); TEX. R. APP. P. 42.3(a) (dismissal for want of

jurisdiction). We warned Appellant that if it failed to respond within the time provided, this appeal

would be dismissed. See TEX. R. APP. P. 42.3(c) (dismissal for failure to comply with court order).

To date, Appellant has not filed any response to our April 21, 2025 order.

Appellant failed to provide a reasonable explanation for failing to timely file a notice of

appeal; Appellant has not complied with Rule 26.3. See TEX. R. APP. P. 26.3(b); Verburgt, 959

S.W.2d at 617. Thus, Appellant’s notice of appeal was not timely filed, and he has failed to invoke

this court’s appellate jurisdiction. See Schmidt Land Servs., Inc. v. Ashworth, No. 04-16-00203-

CV, 2016 WL 3031049, at *1 (Tex. App.—San Antonio May 25, 2016, no pet.) (mem. op.);

Hernandez v. Rimkus Consulting Grp., Inc., No. 01-11-00100-CV, 2011 WL 1900062, at *1 (Tex.

App.—Houston [1st Dist.] May 5, 2011, no pet.) (mem. op.). We dismiss this appeal for want of

jurisdiction. See TEX. R. APP. P. 42.3(a).

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