Opinion
No. 04-16-00308-CV
06-06-2016
IN THE INTEREST OF S.A.W., A CHILD
From the 216th Judicial District Court, Gillespie County, Texas
Trial Court No. 12167
Honorable N. Keith Williams, Judge Presiding
ORDER
Appellant Bradley D. Winters appeals an Order Granting Petition to Modify Parent-Child Relationship and Final Order in Suit Affecting the Parent-Child Relationship signed on March 28, 2016. Appellant did not file a timely motion that would have extended the appellate timetable. See TEX. R. CIV. P. 329b(g); TEX. R. APP. P. 26.1(a). Thus, the notice of appeal was due April 27, 2016, or a motion for extension of time to file the notice of appeal was due fifteen days later on May 12, 2016. See TEX. R. APP. P. 26.1, 26.3. Appellant did not file a timely notice of appeal or a timely motion for extension of time to file the notice of appeal. However, on May 17, 2016, appellant filed a notice of appeal.
The supreme court holds that "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, 615 (1997) (construing predecessor to Rule 26).
We therefore ORDER appellant to file, on or before July 6, 2016, a response showing cause why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(a), (c). If a supplemental clerk's record is required, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.
/s/_________
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 June, 2016.
/s/_________
Keith E. Hottle
Clerk of Court