Opinion
04-24-00129-CV
03-06-2024
Francine Suzette Bakabadio BIYOUDI, Appellant v. Ream Synarel Banhy ZITHA, Appellee
From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2023CI16321 Honorable Tina Torres, Judge Presiding
ORDER
Luz Elena D. Chapa, Justice
On February 21, 2024, appellant filed a notice of appeal, appealing the trial court's December 26, 2023 order. A timely notice of appeal is necessary to invoke this court's jurisdiction. See Sweed v. Nye, 323 S.W.3d 873 (Tex. 2010). Rules 26.1 and 26.3 of the Texas Rules of Appellate Procedure prescribe the time period during which a notice of appeal or a motion for extension of time to file a notice of appeal must be filed to perfect an appeal in a civil case. They provide when a party does not file a timely post-judgment motion extending the appellate timetable, a notice of appeal is due thirty days after the judgment is signed or, with an extension motion, fifteen days after the deadline. See Tex. R. App. P. 26.1, 26.3. Because appellant did not file a timely post-judgment motion extending the appellate timetable, the notice of appeal was due no later than January 25, 2024 or a motion for extension of time to file a notice of appeal was due by February 9, 2024. See Tex. R. App. P. 4.1(a), 26.1(a), 26.3.
Because the notice of appeal was untimely filed, and no motion for extension of time was filed, we order appellant to show cause why this appeal should not be dismissed for lack of jurisdiction by April 5, 2024. See id. Appellant has the burden to request the trial court clerk prepare a supplemental clerk's record containing all necessary pleadings and orders to establish this court's jurisdiction. If appellant fails to respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3. All other appellate deadlines are suspended until further order of this court.