Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00548-CV
Rufina Reyes YANEZ,
Appellant
v.
American General Life
AMERICAN GENERAL LIFE INSURANCE COMPANY,
Appellee
From the 341st Judicial District Court, Webb County, Texas
Trial Court No. 2014CVF000504-D3
Honorable Rebecca Ramirez Palomo, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Jason Pulliam, Justice
Delivered and Filed: October 28, 2015
DISMISSED FOR WANT OF PROSECUTION
On September 16, 2015, appellee filed a motion to dismiss this appeal on the basis
appellant’s notice of appeal was filed impermissibly late pursuant to Texas Rule of Appellate
Procedure 26(a)(1), and appellant failed to file a timely motion for extension of time.
Appellant failed to file a reply to appellee’s motion to dismiss, but did file a motion to
abate the appeal. This court may not abate an appeal if the notice of appeal was filed late.
Appellant filed a notice of appeal on September 3, 2015 and a motion for extension of time on the
same date. The trial court’s judgment was signed on July 20, 2015. It thus appears that neither
04-15-00548-CV
document was filed within the time allowed for filing a motion for extension of time to file the
notice of appeal. Appellant has also failed to pay the filing fee.
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). However, once the
period for granting a motion for extension of time has passed, a party can no longer invoke the
appellate court’s jurisdiction. Id.
On October 5, 2015, this court ordered appellant to show cause in writing on or before
October 20, 2015, why this appeal should not be dismissed for lack of jurisdiction and that
appellant show cause that either: (1) the filing fee has been paid; or (2) appellant is entitled to appeal
without paying the filing fee. Appellant was admonished that if appellant failed to respond within
the time provided, the appeal would be dismissed for want of prosecution or for failure to pay the
filing fee. See TEX. R. APP. P. 5, 42.3(c). Appellant failed to respond.
The appeal is DISMISSED for want of prosecution and for failure to pay the filing fee.
Costs of appeal are taxed against appellant.
PER CURIAM
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