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Garcia v. Pruski

Fourth Court of Appeals San Antonio, Texas
Nov 13, 2017
No. 04-17-00632-CV (Tex. App. Nov. 13, 2017)

Opinion

No. 04-17-00632-CV

11-13-2017

Joshua GARCIA, Appellant v. Sherry PRUSKI, Appellee


From the 218th Judicial District Court, Wilson County, Texas
Trial Court No. 16-05-0358-CVW
Honorable Stella Saxon, Judge Presiding

ORDER

The trial court signed a final order on June 26, 2017. Appellant timely filed a motion for new trial on July 26, 2017. Therefore, appellant's notice of appeal was due to be filed on September 25, 2017. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on August 10, 2017, fifteen days after the deadline for filing notice of appeal. See TEX. R. APP. P. 26.3. Appellant did not file a motion for extension of time. Appellant filed his notice of appeal four days late on September 29, 2017, well after the fifteen-day grace period allowed by Rule 26.3. Id.

A motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the fifteen-day grace period provided by Rule 26.3 for filing a motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997) (construing the predecessor to Rule 26). But, "once 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." Id.

It is therefore ORDERED that appellant show cause in writing within 30 days from the date of this order why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending our determination of whether we have jurisdiction of this appeal.

/s/_________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of November, 2017.

/s/_________

KEITH E. HOTTLE,

Clerk of Court


Summaries of

Garcia v. Pruski

Fourth Court of Appeals San Antonio, Texas
Nov 13, 2017
No. 04-17-00632-CV (Tex. App. Nov. 13, 2017)
Case details for

Garcia v. Pruski

Case Details

Full title:Joshua GARCIA, Appellant v. Sherry PRUSKI, Appellee

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Nov 13, 2017

Citations

No. 04-17-00632-CV (Tex. App. Nov. 13, 2017)