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Burley v. Bexar Cnty.

Fourth Court of Appeals San Antonio, Texas
Jun 21, 2017
No. 04-17-00122-CV (Tex. App. Jun. 21, 2017)

Opinion

No. 04-17-00122-CV

06-21-2017

James BURLEY, Jr., Appellant v. BEXAR COUNTY, et al., Appellees


MEMORANDUM OPINION

From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2012TA101906
Honorable Richard Price, Judge Presiding PER CURIAM Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice DISMISSED FOR LACK OF JURISDICTION

Appellant attempts to appeal from a final judgment signed on August 29, 2016. The notice of appeal, however, was not filed until February 24, 2017, well after the prescribed time limit for perfecting appeal. See TEX. R. APP. P. 26.1, 26.3. "[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); In re Estate of Padilla, 103 S.W.3d 563, 567 (Tex. App.—San Antonio 2003, no pet.); Grondoma v. Sutton, 991 S.W.2d 90, 93 (Tex. App.—Austin 1998, pet. denied).

Accordingly, on April 27, 2017, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. We, therefore, dismiss the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

PER CURIAM


Summaries of

Burley v. Bexar Cnty.

Fourth Court of Appeals San Antonio, Texas
Jun 21, 2017
No. 04-17-00122-CV (Tex. App. Jun. 21, 2017)
Case details for

Burley v. Bexar Cnty.

Case Details

Full title:James BURLEY, Jr., Appellant v. BEXAR COUNTY, et al., Appellees

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 21, 2017

Citations

No. 04-17-00122-CV (Tex. App. Jun. 21, 2017)