Opinion
No. 04-05-00936-CV
Delivered and Filed: March 15, 2006.
Appeal from the 37th Judicial District Court, Bexar County, Texas, Trial Court No. 1995-CI-00764, Honorable Karen H. Pozza, Judge Presiding.
Dismissed.
Sitting: Alma L. LÓPEZ, Chief Justice, Phylis J. SPEEDLIN, Justice, Rebecca SIMMONS, Justice.
MEMORANDUM OPINION
Appellee filed a motion to dismiss this appeal for want of jurisdiction on January 4, 2006. No response was filed by appellant. On February 3, 2006, this court ordered appellant to show cause in writing within fifteen days why this appeal should not be dismissed for lack of jurisdiction. Appellant responded that the appellate deadline for perfecting appeal was extended because the order denying his motion for new trial was not signed until November 23, 2005. Appellant is incorrect. Under Rule 26.1(a), appellant's filing of a timely motion for new trial extended the appellate deadline for filing his notice of appeal until September 15, 2005, ninety days after the date the judgment was signed. Tex.R.App.P. 26.1(a). Appellant's notice of appeal was not filed until December 22, 2005, well after expiration of the fifteen-day grace period allowed for filing a motion for extension of time to file notice of appeal. See Tex.R.App.P. 26.3. 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. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). Accordingly, appellee's motion to dismiss is granted, and this appeal is dismissed for lack of jurisdiction. See Tex.R.App.P. 42.3(a). Costs of appeal are taxed against appellant.