Opinion
No. 04-17-00758-CV
11-21-2017
Suresh V. DUTTA, M.D. and Yellow Rose Land and Minerals, LLC, Appellants v. Richard H. HOOD, Jr., M.D., and Dolores Hood, Appellees
From the 218th Judicial District Court, Frio County, Texas
Trial Court No. 15-04-00176-CVF
The Honorable Donna S. Rayes, Judge Presiding
ORDER
Suresh V. Dutta, M.D. and Yellow Rose Land and Minerals, L.L.C. appeal a judgment signed May 23, 2017. Appellants timely filed a motion for new trial that extended the time for perfecting an appeal. See TEX. R. CIV. P. 329b(a); TEX. R. APP. P. 26.1(a). Thus, the notice of appeal was due August 21, 2017, ninety days after the judgment was signed, or a motion for extension of time to file the notice of appeal was due fifteen days later on September 5, 2017. See TEX. R. APP. P. 26.1(a), 26.3. Appellants did not file a motion for extension of time to file a notice of appeal and did not file their notice of appeal until November 1, 2017.
A timely notice of appeal must be filed in order to invoke this court's jurisdiction. See Sweed v. Nye, 323 S.W.3d 873 (Tex. 2010 ). "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).
We therefore order a response due by December 1, 2017, showing cause why this appeal should not be dismissed for lack of jurisdiction. If appellants fail to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(a), (c). Appellants have the burden to request the trial court clerk prepare a supplemental clerk's record containing any pleadings and orders necessary to establish this court's jurisdiction. Appellants must file a copy of any such request with this court.
All deadlines in this matter are suspended until further order of the court.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 21st day of November, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court