TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-18-00182-CV
Theresa Hodges, Appellant
v.
Avail I, LLC, Appellee
FROM THE COUNTY COURT AT LAW NO. 2 OF TRAVIS COUNTY
NO. C-1-CV-17-011111, THE HONORABLE TODD T. WONG, JUDGE PRESIDING
MEMORANDUM OPINION
On March 23, 2018, appellant Theresa Hodges filed a notice of appeal from a
final judgment signed by the trial court on February 5, 2018. Accordingly, the notice of appeal
was filed after the expiration of both the general 30-day deadline to do so (March 7, 2018) and
the extension period (March 22, 2018). See Tex. R. App. P. 26.3; Verburgt v. Dorner,
959 S.W.2d 615, 617-18 (Tex. 1997) (“[O]nce the period for granting a motion for extension of
time under Rule 41(a)(2) [now Rule 26.3] has passed, a party can no longer invoke the appellate
court’s jurisdiction.”). Hodges’s March 23, 2018 notice of appeal is thus untimely, and we lack
jurisdiction over this appeal. See Tex. R. App. P. 25.1(b) (providing that filing notice of appeal
invokes appellate court’s jurisdiction), id. R. 2 (establishing that appellate court may not alter
time for perfecting appeal in civil case).
Upon review of the trial-court clerk’s record, the Clerk of this Court sent
appellant a letter informing her that the Court appears to lack jurisdiction over the appeal for the
reasons stated above and requesting a response informing us of any basis that exists for
jurisdiction. The notice further advised appellant that her failure to comply with this request
could result in the dismissal of the appeal. To date, no response has been filed. Accordingly, we
dismiss the appeal for want of jurisdiction. See id. R. 42.3(a).
_________________________________________________
Bob Pemberton, Justice
Before Justices Puryear, Pemberton, and Bourland
Dismissed for Want of Jurisdiction
Filed: June 29, 2018
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