Angel L. Suarez v. San Marcos Airport Appeal from County Court at Law No. 3 of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-18-00877-CV Angel L. SUAREZ, Appellant v. SAN MARCOS AIRPORT, Appellee From the County Court at Law No. 3, Bexar County, Texas Trial Court No. 2018-CV-04527 Honorable Karen Crouch, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: December 12, 2018 DISMISSED FOR LACK OF JURISDICTION The trial court signed a final appealable order on September 27, 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 October 29, 2018. See TEX. R. APP. P. 26.1(a). A motion for extension of time to file the notice of appeal was due on November 12, 2018. See TEX. R. APP. P. 26.3. Appellant filed his notice of appeal on November 16, 2018. “[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 04-18-00877-CV appellate court’s jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). Because the notice of appeal was untimely filed, we ordered appellant to show cause in writing by December 4, 2018, why this appeal should not be dismissed for lack of jurisdiction. See id. On December 3, 2018, appellant responded to our order; however, appellant’s response does not set forth any reason this court has jurisdiction to consider this appeal. Because the notice of appeal was untimely filed, this appeal is dismissed for lack of jurisdiction. PER CURIAM -2-

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