In the Interest of E.S., et al., Children--Appeal from 166th Judicial District Court of Bexar County

No. 04-01-00356-CV
IN THE INTEREST OF Elijah SULLIVAN and Azaria-Takiyah Sullivan
From the 166th Judicial District Court, Bexar, Texas
Trial Court No. 1999-PA-01517
Honorable David Berchelmann, Jr., Judge Presiding

PER CURIAM

Sitting: Paul W. Green, Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: July 25, 2001

APPEAL DISMISSED FOR LACK OF JURISDICTION

The judgment in this case was signed March 7, 2001. A motion for new trial was due April 6, 2001, but none was filed. See Tex. R. Civ. P. 329b(a). In the alternative, a request for findings of fact was due March 27, 2001, but no request is included in the record. See Tex. R. Civ. P. 296. Thus, the notice of appeal was due to be filed April 6, 2001 and the motion for extension of time to file the notice of appeal was due fifteen days later on April 21, 2001. See Tex. R. App. P. 26.1, 26.1(a)(1, 4), 26.3. The notice of appeal was not filed until May 30, 2001. No motion for extension of time was filed. Although a motion for extension of time can be implied in certain circumstances, once the period for granting an extension has passed, a party cannot invoke the appellate court's jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (1997).

On July 9, 2001, we ordered appellant to show cause no later than July 16, 2001 why this appeal should not be dismissed for want of jurisdiction. Tex. R. App. P. 42.3(a). Appellant responded that no motion for new trial was filed and a request for findings of fact was filed late, therefore, the appellate deadlines were not extended. See Tex. R. App. P. 41(a).

The appeal is dismissed for lack of jurisdiction; costs of the appeal are assessed against appellant.

PER CURIAM

DO NOT PUBLISH