Eric E. Deleon-Bolado v. Lorraine M. Deleon ( 2020 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-20-00433-CV
Eric E. DELEON-BOLADO,
Appellant
v.
Lorraine M. DELEON,
Appellee
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2020-CI-07162
Honorable Donna S. Rayes, Judge Presiding
PER CURIAM
Sitting: Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Irene Rios, Justice
Delivered and Filed: October 28, 2020
DISMISSED FOR WANT OF JURISDICTION
In the case underlying this appeal, the trial court signed an appealable order on July 31,
2020. No motion for new trial or other timely postjudgment motion that would extend the deadline
to file a notice of appeal was filed. See, e.g., TEX. R. APP. P. 26.1(a). A notice of appeal was due
on August 31, 2020, and a motion for extension of time to file a notice of appeal was due on
September 15, 2020. See TEX. R. APP. P. 26.1, 26.3.
On September 4, 2020, after the deadline to file a notice of appeal, Appellant filed a notice
of appeal without filing a motion for extension of time to file a notice of appeal. See generally
04-20-00433-CV
Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). However, “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 period in which the appellant would be
entitled to move to extend the filing deadline under Rule [26.3].” Id.
On September 23, 2020, we ordered Appellant to show cause in writing not later than
October 5, 2020, why this appeal should not be dismissed for want of jurisdiction. See TEX. R.
APP. P. 10.5(b) (requirements for a motion for extension of time); TEX. R. APP. P. 42.3(a)
(dismissal for want of jurisdiction); Garcia v. Kastner Farms, Inc., 774 S.W.2d 668, 670 (Tex.
1989) (reasonable explanation). We warned Appellant that if he failed to respond within the time
provided, we would dismiss his appeal. See TEX. R. APP. P. 42.3(c) (dismissal for failure to comply
with court order).
To date, Appellant has not filed any response to our September 23, 2020 order.
Appellant failed to provide a reasonable explanation for failing to timely file a notice of
appeal; Appellant has not complied with Rule 26.3. Thus, Appellant’s notice of appeal was not
timely filed, and he has failed to invoke this court’s appellate jurisdiction. See Verburgt, 959
S.W.2d at 617. We dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM
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