TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-25-00019-CV

David Fountain, Appellant v. Rebekah Ross, Appellee

FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. 12-2533, THE HONORABLE KARL HAYS, JUDGE PRESIDING

MEMORANDUM OPINION

On January 13, 2025, David Fountain attempted an appeal from the district court’s “Final Order Clarifying Final Decree of Divorce and Order Authorizing the Issuance of a Qualified Domestic Relations Order” and “Qualified Domestic Relations Order,” both signed on September 3, 2024. After the orders were signed, Fountain timely filed a motion for new trial, which extended the deadline for filing a notice of appeal to December 2, 2024. See Tex. R. App. 26.1(a)(1). The clerk of this Court sent a letter to Fountain’s counsel questioning jurisdiction over this appeal and requesting that he provide proof of timely filing of a notice of appeal or risk dismissal of this appeal for want of jurisdiction. See id. R. 42.3(a). No response was filed.

Once the time for filing a notice of appeal and seeking an extension of time to file the notice of appeal have expired, a party cannot invoke an appellate court’s jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that timely notice of appeal is jurisdictional).

__________________________________________ Karin Crump, Justice Before Justices Triana, Theofanis, and Crump Dismissed for Want of Jurisdiction Filed: April 10, 2025