Bren Garza and Lucelva Davis v. Beth Rosenberg f/k/a Beth BrennerAppeal from 438th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00120-CV Bren GARZA and Lucelva Davis, Appellants v. Beth ROSENBERG f/k/a Beth Brenner, Appellee From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2011-CI-02371 Honorable Janet P. Littlejohn, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: April 17, 2013 DISMISSED FOR LACK OF JURISDICTION The trial court signed a final judgment on October 12, 2012. Appellants filed a timely motion for new trial on November 9, 2012. Therefore, the notice of appeal was due to be filed on January 10, 2013. A motion for extension of time to file the notice of appeal was due on January 25, 2013. See TEX. R. APP. P. 26.3. Appellants, however, did not file their notice of appeal until February 1, 2013. Appellants did not file a motion for extension of time. 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 04-13-00120-CV grace period provided by Rule 26.3 for filing a motion for extension of time. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex.1997) (construing the predecessor to Rule 26). But once 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. Id. We, therefore, ordered appellants to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. No response was filed. We therefore dismiss this appeal for lack of jurisdiction. PER CURIAM -2-

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