Opinion
No. 04-13-00543-CV
09-06-2013
EX PARTE Daniel TREVINO
From the 38th Judicial District Court, Uvalde County, Texas
Trial Court No. 2011-09-28303-CV
Honorable Camile G. Dubose, Judge Presiding
ORDER
The trial court signed the order denying appellant's request for an expunction on November 19, 2012. Thus, any motion for new trial or other pleading sufficient to extend the time to file the notice of appeal was due on or before December 19, 2013. See TEX. R. CIV. P. 329b; TEX. R. APP. P. 26.1(a). Although appellant filed a motion for reconsideration, it was not filed until February 1, 2013, and was therefore untimely and could not extend the time to file the notice of appeal. Accordingly, the notice of appeal was due to be filed on December 19, 2013. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on January 3, 2013. See TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until August 12, 2013. Appellant filed a motion to extend time to file the notice of appeal in this court on August 29, 2013. "[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).
We, therefore, ORDER appellant to show cause in writing on or before October 7, 2013, why this appeal should not be dismissed for lack of jurisdiction. We ORDER all appellate deadlines suspended pending our determination of whether we have jurisdiction over this appeal.
We further order the clerk of this court to serve a copy of this order on appellant, all counsel, and the district clerk.
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Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of September, 2013.
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Keith E. Hottle
Clerk of Court