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Armstrong v. Greater Woodlake Homeowners Ass'n

Court of Appeals of Texas, Fourth District, San Antonio
May 15, 2024
No. 04-24-00092-CV (Tex. App. May. 15, 2024)

Opinion

04-24-00092-CV

05-15-2024

James H. ARMSTRONG, Appellant v. GREATER WOODLAKE HOMEOWNERS ASSOCIATION, INC., Appellee


From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-04205 Honorable Cathleen M. Stryker, Judge Presiding

Sitting: Irene Rios, Justice, Beth Watkins, Justice Liza A. Rodriguez, Justice.

MEMORANDUM OPINION

PER CURIAM

The trial court signed a final appealable order on February 23, 2015. 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 by March 25, 2015. See Tex. R. App. P. 26.1(a). A motion for extension of time to file the notice of appeal was due by April 9, 2015. See Tex. R. App. P. 26.3.

Appellant filed his notice of appeal on January 31, 2024, nearly nine years late. "[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, on April 1, 2024, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. See id. In our order, we explained that if appellant failed to adequately respond by April 11, 2024, this appeal would be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3.

Appellant has not filed a response to our order. Accordingly, we dismiss this appeal for lack of jurisdiction.


Summaries of

Armstrong v. Greater Woodlake Homeowners Ass'n

Court of Appeals of Texas, Fourth District, San Antonio
May 15, 2024
No. 04-24-00092-CV (Tex. App. May. 15, 2024)
Case details for

Armstrong v. Greater Woodlake Homeowners Ass'n

Case Details

Full title:James H. ARMSTRONG, Appellant v. GREATER WOODLAKE HOMEOWNERS ASSOCIATION…

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: May 15, 2024

Citations

No. 04-24-00092-CV (Tex. App. May. 15, 2024)