In the Interest of J.A.O., a child Appeal from 73rd Judicial District Court of Bexar County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00280-CV IN THE INTEREST OF J.A.O., A CHILD From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2013EM503255 Honorable Eric Rodriguez, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Irene Rios, Justice Delivered and Filed: August 8, 2018 DISMISSED FOR LACK OF JURISDICTION The trial court signed the Order in Suit for Modification of Support Order and to Confirm Support Arrearage on January 22, 2018. Because appellant did not file a motion for new trial, motion to modify the judgment, motion for reinstatement, or request for findings of fact and conclusions of law, the notice of appeal was due to be filed on February 21, 2018. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on March 8, 2018. See TEX. R. APP. P. 26.3. Appellant did not file a motion for extension of time, and the notice of appeal was filed on April 26, 2018. 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, 04-18-00280-CV 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). However, “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 appellant to show cause in writing on or before June 21, 2018 why this appeal should not be dismissed for lack of jurisdiction. Although appellant filed a pro se motion to modify judgment in this court on June 18, 2018, that motion was not responsive to our order. Further, a motion to modify judgment must be filed in the trial court. See TEX. R. CIV. P. 329b(a). Accordingly, we deny appellant’s motion and dismiss this appeal 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.