Opinion
No. 04-04-00491-CV
Delivered and Filed: September 15, 2004.
Appeal from the 25th Judicial District Court, Guadalupe County, Texas, Trial Court No. 02-1545-CV, Honorable Don B. Morgan, Judge Presiding.
Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, concur without opinion, Catherine STONE, Justice and Phylis J. SPEEDLIN, Justice.
MEMORANDUM OPINION
On August 5, 2004, this court ordered appellant to show cause in writing within fifteen days why this accelerated appeal should not be dismissed for lack of jurisdiction. Appellant responded that her notice of appeal was filed after the trial court denied her motion for new trial. The filing of a motion for new trial in an accelerated appeal does not extend the twenty-day deadline for filing a notice of appeal under Rule 26.1(b). See Tex.R.App.P. 26.1(b); see also Tex. Fam. Code Ann. § 263.405© (Vernon 2002). Appellant's notice of appeal was due on May 10, 2004, but was not filed until July 1, 2004, after expiration of the fifteen-day grace period allowed for filing a motion for extension of time to file notice of appeal. See Tex.R.App.P. 26.1(b), 26.3. Once 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). Accordingly, this appeal is dismissed for lack of jurisdiction. See Tex.R.App.P. 42.3(a). Costs of appeal are taxed against appellant.