Ex Parte Daniel TrevinoAppeal from 38th Judicial District Court of Uvalde County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00543-CV EX PARTE Daniel TREVINO From the 38th Judicial District Court, Uvalde County, Texas Trial Court No. 2011-09-28303-CV Honorable Camile G. Dubose, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Delivered and Filed: October 9, 2013 DISMISSED FOR WANT OF JURISDICTION The trial court signed an order denying appellant s request for an expunction on November 19, 2012. Because appellant did not timely file a motion for new trial or other motion that would extend the deadline for filing the notice of appeal, the notice of appeal was due on or before December 19, 2013. 1 See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on January 3, 2013. See TEX. R. APP. P. 26.3. Appellant did not file his notice of appeal until August 12, 2013, and no extension of time to file the notice of appeal was filed until August 29, 2013. 1 Appellant filed a motion for reconsideration, but it was not filed until February 1, 2013, and was therefore untimely. See TEX. R. CIV. P. 329b; TEX. R. APP. P. 26.1(a). 04-13-00543-CV Based on the foregoing, we ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant filed a response, but it does not establish this court has jurisdiction over the appeal. [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, 617 (Tex. 1997) (construing predecessor to Rule 26.3). Accordingly, we dismiss this appeal for lack of jurisdiction. PER CURIAM -2-

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