Opinion
No. 04-16-00831-CV
07-06-2017
WONG GROCERY CO., LLC, Appellant v. Patrick LAMBKIN, Felipe Valdez dba Raw Happiness Juice Bar, Appellees
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2015-CI-10644
Honorable Solomon Casseb, III, Judge Presiding
ORDER
Before the Court is Patrick Lambkin's motion for extension of time to file the appellee's brief and motion for leave to file an out of time cross appeal.
Lambkin's motion for extension of time to file the appellee's brief is GRANTED. Appellee's brief shall be due on or before August 3, 2017. ADDITIONAL EXTENSIONS OF TIME ARE DISFAVORED. Rule 26.1(d) of the Texas Rules of Appellate Procedure provides that if any party files a notice of appeal, any other party may file a notice of appeal within the appealable period stated in Rule 26.1(a) or fourteen days after the first filed notice of appeal, whichever is later. TEX. R. APP. P. 26.1(a), (d). "The appellate court may extend the time to file the notice of appeal if, within 15 days after the deadline for filing the notice of appeal, the party: (a) files in the trial court the notice of appeal; and (b) files in the appellate court a motion complying with Rule 10.5(b)." Tex. R. App. P. 26.3. The deadlines for filing a notice of appeal are jurisdictional, and an appellate court may not extend those deadlines outside those provided by Rule 26.3. Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997). Kinnard v. Carnahan, 25 S.W.3d 266, 268 (Tex. App.—San Antonio, 2000, no pet.); see also Charette v. Fitzgerald, 213 S.W.3d 505, 509 (Tex. App.—Houston [14th Dist.] 2006, no pet.).
Appellant Wong Grocery's notice of appeal was filed on December 16, 2016. Thus, Lambkin's deadline to file any cross notice of appeal was December 30, 2016. See TEX. R. APP. P. 26.1(a), (d). This Court could have extended that time until January 14, 2017 on motion showing good cause. Id. at 26.3. Lambkin filed this motion for leave to file an out of time cross appeal on June 27, 2017. Therefore, Lambkin's motion was not timely filed, and this Court lacks jurisdiction to extend that deadline. Verburgt, 959 S.W.2d at 617; Kinnard, 25 S.W.3d at 268.
Lambkin's motion for leave to file an out of time cross appeal is DENIED.
/s/_________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of July, 2017.
/s/_________
Luz Estrada
Chief Deputy Clerk