Opinion
04-24-00173-CV
03-25-2024
Nick GRIEGO, Appellant v. Sonya GRIEGO, Appellee
From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2021CI10614 Honorable Norma Gonzales, Judge Presiding
ORDER
Irene Rios, Justice
The trial court signed a final, appealable judgment on March 22, 2022. Because appellant did not timely file a motion for new trial, his notice of appeal was due 30 days later, on April 21, 2022. See Tex. R. App. P. 26.1. A motion for extension of time to file the notice of appeal was due by May 6, 2022. See Tex. R. App. P. 26.3.
Appellant's motion for new trial was due no later than April 21, 2022. Tex.R.Civ.P. 329b. The clerk's record shows appellant filed a motion to set aside the judgment on April 22, 2022. See Gilani v. Kaempfe, 331 S.W.3d 879, 879 (Tex. App.-Dallas 2011, no pet.) (motion for new trial filed thirty-one days after judgment was ineffective to extend appellate deadlines). Even if appellant had timely filed a motion for new trial, however, his notice of appeal would have been due no later than June 20, 2022. Tex.R.App.P. 26.1(a).
Appellant filed his notice of appeal on March 8, 2024, nearly two years after the applicable deadlines expired. "[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). Because the notice of appeal was untimely filed, we ORDER appellant to show cause why this appeal should not be dismissed for lack of jurisdiction by April 4, 2024. See id.; see also Tex. R. App. P. 42.3. All other appellate deadlines are suspended until further order of this court.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 25th day of March, 2024.