Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00784-CV
ESTATE OF Estella Q. CAMPOS, Deceased
From the Probate Court No. 2, Bexar County, Texas
Trial Court No. 2014PC3884
Honorable Tom Rickhoff, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: January 24, 2018
DISMISSED FOR WANT OF JURISDICTION
In the case underlying this appeal, the trial court signed an appealable order on September
22, 2017. The deadline to file a motion for new trial was October 23, 2017. See TEX. R. CIV. P.
329b(a). Because no motion for new trial or other timely postjudgment motion that would extend
the deadline to file a notice of appeal was filed, the notice of appeal was due thirty days after the
judgment was signed, on October 23, 2017. TEX. R. APP. P. 26.1. A motion for extension of time
to file a notice of appeal was due not later than November 7, 2017. See id. R. 26.3.
Appellant’s notice of appeal was filed on November 22, 2017, fifteen days after the last
day to timely file the notice. See TEX. R. APP. P. 26.3. Because Appellant’s notice of appeal
appeared to be untimely, we ordered Appellant to show cause in writing not later than January 3,
2018, why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a);
04-17-00784-CV
Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[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.”). We warned Appellant that if she failed to respond as ordered within the
time provided, this appeal would be dismissed. See TEX. R. APP. P. 42.3(c).
On December 28, 2017, Appellant filed a partially completed docketing statement. But to
date, Appellant has not filed a response to our December 13, 2017 order requiring her to show how
this court has jurisdiction in this appeal. Contra id. R. 42.3(c).
We conclude Appellant’s notice of appeal was not timely filed, and Appellant did not
invoke this court’s jurisdiction. See Verburgt, 959 S.W.2d at 617. We dismiss this appeal for
want of jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM
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