In the Estate of Juana Campos Guerrero, Deceased--Appeal from County Court at Law of Kendall County

 Annotate this Case
Download PDF
MEMORANDUM OPINION No. 04-10-00728-CV IN THE ESTATE OF JUANA CAMPOS GUERRERO, Deceased From the County Court at Law, Kendall County, Texas Trial Court No. 09-029-PR Honorable Bill R. Palmer, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: December 22, 2010 DISMISSED FOR LACK OF JURISDICTION The trial court signed an appealable order on June 1, 2010. Appellant filed a timely motion for new trial on June 29, 2010. Therefore, the notice of appeal was due to be filed August 30, 2010. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on September 14, 2010. See TEX. R. APP. P. 26.3. Appellant filed a notice of appeal on October 13, 2010. 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 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 04-10-00728-CV 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. Because it appeared that the notice of appeal was untimely filed, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond to our order. Because the notice of appeal was untimely filed, this appeal is dismissed for lack of jurisdiction. PER CURIAM -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.