Opinion
04-23-00698-CV
01-10-2024
Herbert Lawrence POLINARD, Jr., Appellant v. Jo Ann KARAMBIS, Margaret Comparin, Ronaldo Dunagan, Lynda C. Spence and eXp Realty, LLC, Appellees
From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2018-CI-11887 Honorable Antonia Arteaga, Judge Presiding
ORDER
Irene Rios, Justice
On November 22, 2023, we ordered appellant to file written proof that he had paid the district clerk's fee for the preparation of a supplemental clerk's record containing documents required by Rule 34.5 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 34.5 (Requiring clerk's record to contain, inter alia, "the court's judgment or other order that is being appealed . . . any request for findings of fact and conclusions of law, any post-judgment motion, and the court's order on the motion; [and] the notice of appeal"). on December 5, 2023, appellant filed a receipt in this court showing that he had made an $800 payment to the district clerk for "appeals court costs," and on December 11, 2023, the district clerk filed a supplemental clerk's record that appears to contain the documents required by rule 34.5. See id.
The supplemental clerk's record shows that the trial court signed a final judgment on April 4, 2023. The record further shows that appellant timely filed a motion for new trial on May 4, 2023. Accordingly, the notice of appeal was due by July 3, 2023. See TEX. R. APP. P. 26.1(A). A Motion for extension of time to file the notice of appeal was due by July 18, 2023. See TEX. R. APP. P. 26.3.
Appellant filed a notice of appeal and a motion for extension of time to file a notice of appeal on July 25, 2023. "[O]nce 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, 617 (Tex. 1997) (construing the predecessor to Rule 26). Because the notice of appeal and motion for extension of time were untimely filed, we ORDER appellant to show cause why this appeal should not be dismissed for lack of jurisdiction by January 22, 2024. See id. If appellant fails to adequately respond to this order by the date ordered, this appeal will be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3. All other appellate deadlines are suspended until further order of this court.