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Suarez v. Airport

Fourth Court of Appeals San Antonio, Texas
Dec 12, 2018
No. 04-18-00877-CV (Tex. App. Dec. 12, 2018)

Opinion

No. 04-18-00877-CV

12-12-2018

Angel L. SUAREZ, Appellant v. SAN MARCOS AIRPORT, Appellee


MEMORANDUM OPINION

From the County Court at Law No. 3, Bexar County, Texas
Trial Court No. 2018-CV-04527
Honorable Karen Crouch, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice DISMISSED FOR LACK OF JURISDICTION

The trial court signed a final appealable order on September 27, 2018. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on October 29, 2018. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on November 12, 2018. See TEX. R. APP. P. 26.3.

Appellant filed his notice of appeal on November 16, 2018. "[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. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). Because the notice of appeal was untimely filed, we ordered appellant to show cause in writing by December 4, 2018, why this appeal should not be dismissed for lack of jurisdiction. See id.

On December 3, 2018, appellant responded to our order; however, appellant's response does not set forth any reason this court has jurisdiction to consider this appeal. Because the notice of appeal was untimely filed, this appeal is dismissed for lack of jurisdiction.

PER CURIAM


Summaries of

Suarez v. Airport

Fourth Court of Appeals San Antonio, Texas
Dec 12, 2018
No. 04-18-00877-CV (Tex. App. Dec. 12, 2018)
Case details for

Suarez v. Airport

Case Details

Full title:Angel L. SUAREZ, Appellant v. SAN MARCOS AIRPORT, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Dec 12, 2018

Citations

No. 04-18-00877-CV (Tex. App. Dec. 12, 2018)