Stephen Patrick Black v. Tina Louise Brooks--Appeal from 25th Judicial District Court of Guadalupe County

MEMORANDUM OPINION

No. 04-05-00562-CV

Stephen Patrick BLACK,

Appellant

v.

Tina Louise BROOKS,

Appellee

From the 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 04-1603-CV

Honorable Frank Follis, Judge Presiding

PER CURIAM

Sitting: Sarah B. Duncan, Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: August 31, 2005

DISMISSED FOR LACK OF JURISDICTION

Stephen Patrick Black has filed a notice of appeal, a motion for leave to file a late notice of appeal, a motion for discovery, and a motion to obtain the record. Because neither the notice of appeal nor the motion for extension of time to file the notice of appeal were timely filed, we dismiss the appeal and motions for want of jurisdiction.

Black seeks to appeal the trial court s final protective order signed October 7, 2004. Black timely filed a motion for new trial that extended the time for perfecting an appeal. See Tex. R. Civ. P. 329b(g); Tex. R. App. P. 26.1(a). Therefore, the notice of appeal was due January 5, 2005, or a motion for extension of time to file the notice of appeal was due fifteen days later on January 20, 2005. See Tex. R. App. P. 26.1, 26.3. Black s notice of appeal and motion for extension of time were not filed until August 4, 2005. [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. Verburgt v. Dorner, 959 S.W.2d 615, 615 (1997) (construing the predecessor to Rule 26). We therefore dismiss Black s appeal and his motions for lack of jurisdiction.

PER CURIAM