Opinion
04-22-00549-CV
11-02-2022
Meredith DE LA PENA, Appellant v. Ruben DE LA PENA, Appellee
From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2019-CI-24731 Honorable Nicole Garza, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice
MEMORANDUM OPINION
PER CURIAM
DISMISSED FOR LACK OF JURISDICTION
Sensing a defect in our jurisdiction because of an untimely notice of appeal, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3. Appellant's response provided us with no legal basis for why we would possess jurisdiction.
The trial court signed a final judgment on May 3, 2022. Appellant filed a timely motion for new trial on May 5, 2022. Therefore, the notice of appeal was due to be filed August 1, 2022. See Tex. R. App. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on August 16, 2022, but none was filed by that date. See Tex. R. App. P. 26.3. Instead, appellant filed a notice of appeal on August 26, 2022.
The trial court signed a Final Decree of Divorce on May 3, 2022. Appellant's notice of appeal states she desires to appeal "the judgment or other appealable order rendered on May 24, 2022." The clerk's record does not contain a May 24th judgment or order.
A notice of appeal filed more than fifteen days after August 1, 2022, did not invoke this court's appellate jurisdiction. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997); see also Tex. R. App. P. 26.3. Therefore, we dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a).
Appellant's motion for mediation and abatement is dismissed as moot.