Opinion
04-22-00441-CV
07-29-2022
IN THE INTEREST OF R.L.W., E.L.W., R.A.W. AND R.L.W., Children
From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2021PA01022 Honorable Charles E. Montemayor, Judge Presiding
ORDER
PER CURIAM.
The trial court signed a final appealable order on April 11, 2022. Because this is an accelerated appeal, the notice of appeal was due by May 1, 2022. See Tex. R. App. P. 26.1(b). A motion for extension of time to file the notice of appeal was due by May 16, 2022. See Tex. R. App. P. 26.3.
Appellant filed his notice of appeal on July 18, 2022. It appears appellant's notice of appeal was untimely. See In re K.A.F., 160 S.W.3d 923, 927 (Tex. 2005) (holding "in an accelerated appeal, absent a rule 26.3 motion, the deadline for filing a notice of appeal is strictly set at twenty days after the judgment is signed, with no exceptions, and filing a rule 26.1(a) motion for new trial, motion to modify the judgment, motion to reinstate, or request for findings of fact and conclusions of law will not extend that deadline."); see also In re G.S., No. 04-17-00237-CV, 2017 WL 2457052, at *1 (Tex. App.-San Antonio June 7, 2017, no pet.) (mem. op.) (noting "a motion for new trial will not extend the time to perfect an accelerated appeal."). "[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 it appears 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 August 8, 2022. See id. If appellant fails to respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3. All other appellate deadlines are suspended until further order of this court.
It is so ORDERED.