Opinion
NO. 03-16-00429-CV
07-12-2016
Carolyn Barnes, Appellant v. Michael Scheffler, Appellee
FROM THE DISTRICT COURT OF TRAVIS COUNTY, 419TH JUDICIAL DISTRICT
NO. D-1-GN-15-000877, HONORABLE KARIN CRUMP, JUDGE PRESIDINGMEMORANDUM OPINION
On June 24, 2016, Carolyn Barnes filed a notice of appeal from the district court's order declaring her a vexatious litigant signed on April 28, 2016. See Tex. Civ. Prac. & Rem. Code § 11.101(c). Acknowledging the untimeliness of her appeal, Barnes also filed motion for extension of time to file her notice of appeal. See Tex. R. App. P. 26.3. We must deny that untimely motion. See Tex. R. App. P. 2 (prohibiting appellate courts from construing rule to alter time for perfecting appeal in civil case).
After the time for filing a notice of appeal and seeking an extension of time to file the notice of appeal have expired, a party cannot invoke an appellate court's jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997); see also Tex. R. App. P. 25.1(b) (filing of notice of appeal invokes appellate court's jurisdiction over parties); see also Restrepo v. Alliance Riggers & Constructors, Ltd., No. 08-15-00011-CV, 2015 Tex. App. LEXIS 2101, at *4 (Tex. App.—El Paso Mar. 4, 2015, no pet.) (mem. op.) (dismissing untimely appeal from vexatious-litigant order for lack of jurisdiction). We requested a response from Barnes by July 8, 2016 to our letter questioning jurisdiction over this appeal, but she did not file any response. Barnes's appeal from the order declaring her a vexatious litigant is untimely, and we have denied her untimely motion for extension of time to file her notice of appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
/s/_________
Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Goodwin and Bourland Dismissed for Want of Jurisdiction Filed: July 12, 2016