Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-17-00354-CV
IN THE INTEREST OF J.I.M., a Child
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2016PA01450
Honorable Richard Garcia, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: July 19, 2017
DISMISSED FOR WANT OF JURISDICTION
Appellant Juan Carlos Luevanos is representing himself in this civil lawsuit. On April 26,
2017, the trial court signed an order establishing the parent-child relationship and determining
conservatorship and visitation. See TEX. FAM. CODE ANN. § 160.601 (West 2014). Appellant’s
notice of appeal was due on May 16, 2017, or a motion for extension of time to file a notice of
appeal was due on May 31, 2017. See TEX. R. APP. P. 26.1(a), 26.3; 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)).
04-17-00354-CV
On June 1, 2017, after the deadline to file the notice of appeal, Appellant, the children’s
father, filed a notice of appeal. Although Appellant contends he did not receive notice of the
judgment, Appellant did not file a motion in accordance with Rule 4.2 of the Texas Rules of
Appellate Procedure, see TEX. R. APP. P. 4.2, or Rule 306a of the Texas Rules of Civil Procedure,
see TEX. R. CIV. P. 306a.
On June 9, 2017, we advised Appellant that a timely notice of appeal is necessary to invoke
this court’s appellate jurisdiction. See TEX. R. APP. P. 25.1(b). See generally Verburgt, 959
S.W.2d at 617. We ordered Appellant to show cause in writing to this court by June 26, 2017,
why this appeal should not be dismissed for want of jurisdiction. We warned Appellant that if he
failed to respond within the time provided, the appeal would be dismissed. See TEX. R. APP. P.
42.3.
To date, Appellant has filed no response to our June 9, 2017 order. Therefore, this appeal
is dismissed for want of jurisdiction. See id.
PER CURIAM
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