Opinion
04-24-00709-CV
11-25-2024
Saravanaraja MUTHUSAMY, Appellant v. Kuljeet KAUR, Appellee
From the County Court at Law No 2, Webb County, Texas Trial Court No. 2023FLA001684-C3 Honorable Sid L. Harle, Judge Presiding
ORDER
Irene Rios, Justice
Appellant attempts to appeal the trial court's amended final divorce decree and order denying appellant's motion to set aside the final divorce decree. The trial court signed the amended final divorce decree on May 16, 2024. Because appellant timely filed a motion to set aside the divorce decree-which we construe as a motion to modify judgment-the notice of appeal was due to be filed no later than August 14, 2024. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due no later than August 29, 2024. See TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until October 17, 2024 and did not file a motion for extension of time to file the notice of appeal.
A motion for extension of time is necessarily implied when an appellant, acting in good faith, files a notice of appeal beyond the time allowed by Rule 26.1 but within the fifteen-day grace period provided by Rule 26.3 for filing a motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). However, "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." Id.
We therefore ORDER appellant to file, on or before December 16, 2024, a response showing cause why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(a), (c). All appellate deadlines are suspended pending further order of this court.