Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-21-00191-CV
IN THE ESTATE OF Roland R. ESPARZA, Deceased
From the Probate Court No. 2, Bexar County, Texas
Trial Court No. 2021-PC-0326
Honorable Veronica Vasquez, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: July 7, 2021
DISMISSED FOR WANT OF JURISDICTION
On March 29, 2021, the probate court signed an order appointing a temporary
administrator. Assuming without deciding that the order was appealable, a notice of appeal was
due on April 28, 2021, and a motion for extension of time to file a notice of appeal was due on
May 13, 2021. See TEX. R. APP. P. 26.1, 26.3.
On May 13, 2021, after the deadline to file the notice of appeal, Appellant filed a notice of
appeal without filing a motion for extension of time to file a notice of appeal. See generally
Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (“[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 period in which the appellant would be
entitled to move to extend the filing deadline under Rule [26.3].” (emphasis added)).
04-21-00191-CV
On June 7, 2021, we ordered Appellant to show cause in writing by June 17, 2021, why
this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 10.5(b)
(requirements for a motion for extension of time); Garcia v. Kastner Farms, Inc., 774 S.W.2d 668,
670 (Tex. 1989) (reasonable explanation); TEX. R. APP. P. 42.3(a) (dismissal for want of
jurisdiction). We warned Appellant that if he failed to respond within the time provided, this
appeal would be dismissed. See id. R. 42.3(c) (dismissal for failure to comply with court order).
To date, Appellant has not filed any response to our June 7, 2021 order.
Appellant failed to provide a reasonable explanation for failing to timely file a notice of
appeal; Appellant has not complied with Rule 26.3. See TEX. R. APP. P. 26.3(b); Verburgt, 959
S.W.2d at 617. Thus, Appellant’s notice of appeal was not timely filed, and he has failed to invoke
this court’s appellate jurisdiction. See Schmidt Land Servs., Inc. v. Ashworth, No. 04-16-00203-
CV, 2016 WL 3031049, at *1 (Tex. App.—San Antonio May 25, 2016, no pet.) (mem. op.);
Hernandez v. Rimkus Consulting Grp., Inc., No. 01-11-00100-CV, 2011 WL 1900062, at *1 (Tex.
App.—Houston [1st Dist.] May 5, 2011, no pet.) (mem. op.). We dismiss this appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM
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