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Mahmood v. Ward

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 5, 2020
NO. 03-20-00268-CV (Tex. App. Jun. 5, 2020)

Opinion

NO. 03-20-00268-CV

06-05-2020

Mohammad Mahmood, Appellant v. John Ward, Susan Ward and Amanda Slahetka, Appellees


FROM COUNTY COURT AT LAW NO. 1 OF WILLIAMSON COUNTY
NO. 16-0124-CPSC1 , THE HONORABLE SUZANNE BROOKS, JUDGE PRESIDING MEMORANDUM OPINION

On April 30, 2020, appellant Mohammad Mahmood filed a notice of appeal. Mahmood appeals from an "Order Modifying Prior Order in Suit Affecting the Parent-Child Relationship" signed by the trial court on March 28, 2018. Mahmood's notice of appeal was due to be filed on or before April 17, 2018. That deadline might have been extended until May 2, 2018, if Mahmood had filed either a notice of appeal with the trial court or a motion for extension of time with this Court within 15 days after the deadline for filing the notice of appeal. See Tex. R. App. P. 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617-18 (Tex. 1997) ("[O]nce the period for granting a motion for extension of time under Rule 41(a)(2) [now Rule 26.3] has passed, a party can no longer invoke the appellate court's jurisdiction."). Mahmood's April 30, 2020 notice of appeal is untimely, and we therefore lack jurisdiction over this appeal. See Tex. R. App. P. 25.1(b) (providing that filing notice of appeal invokes appellate court's jurisdiction), id. R. 2 (establishing that appellate court may not alter time for perfecting appeal in civil case).

After an initial review, the Clerk of this Court sent Mahmood a letter informing him that the Court appears to lack jurisdiction over the appeal for the reasons stated above and requesting a response informing us of any basis that exists for jurisdiction. To date, no response has been filed. Accordingly, we dismiss the appeal for want of jurisdiction. See id. R. 42.3(a).

/s/_________

Melissa Goodwin, Justice Before Justices Goodwin, Kelly, and Smith Dismissed for Want of Jurisdiction Filed: June 5, 2020


Summaries of

Mahmood v. Ward

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
Jun 5, 2020
NO. 03-20-00268-CV (Tex. App. Jun. 5, 2020)
Case details for

Mahmood v. Ward

Case Details

Full title:Mohammad Mahmood, Appellant v. John Ward, Susan Ward and Amanda Slahetka…

Court:TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Jun 5, 2020

Citations

NO. 03-20-00268-CV (Tex. App. Jun. 5, 2020)