Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-13-00120-CV
Bren GARZA and Lucelva Davis,
Appellants
v.
Beth ROSENBERG f/k/a Beth Brenner,
Appellee
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2011-CI-02371
Honorable Janet P. Littlejohn, Judge Presiding
PER CURIAM
Sitting: Karen Angelini, Justice
Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 17, 2013
DISMISSED FOR LACK OF JURISDICTION
The trial court signed a final judgment on October 12, 2012. Appellants filed a timely
motion for new trial on November 9, 2012. Therefore, the notice of appeal was due to be filed on
January 10, 2013. A motion for extension of time to file the notice of appeal was due on January
25, 2013. See TEX. R. APP. P. 26.3. Appellants, however, did not file their notice of appeal until
February 1, 2013. Appellants did not file a motion for extension of time.
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
04-13-00120-CV
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). But “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, ordered appellants to show cause in writing why this appeal should not be
dismissed for lack of jurisdiction. No response was filed. We therefore dismiss this appeal for
lack of jurisdiction.
PER CURIAM
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