MEMORANDUM OPINION
No. 04-10-00728-CV
IN THE ESTATE OF JUANA CAMPOS GUERRERO, Deceased
From the County Court at Law, Kendall County, Texas
Trial Court No. 09-029-PR
Honorable Bill R. Palmer, Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: December 22, 2010
DISMISSED FOR LACK OF JURISDICTION
The trial court signed an appealable order on June 1, 2010. Appellant filed a timely
motion for new trial on June 29, 2010. Therefore, the notice of appeal was due to be filed
August 30, 2010. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice
of appeal was due on September 14, 2010. See TEX. R. APP. P. 26.3. Appellant filed a notice of
appeal on October 13, 2010.
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). But “once
04-10-00728-CV
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.
Because it appeared that the notice of appeal was untimely filed, we ordered appellant to
show cause in writing why this appeal should not be dismissed for lack of jurisdiction.
Appellant did not respond to our order. Because the notice of appeal was untimely filed, this
appeal is dismissed for lack of jurisdiction.
PER CURIAM
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