In the Interest of J.C.B.G., K.A.C., K.L.H., A.S.R., F.D.R., and J.A.H., Children v. the State of Texas

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-25-00520-CV IN THE INTEREST OF J.C.B.G., K.A.C., K.L.H., A.S.R., F.D.R., AND J.A.H., Children From the 407th Judicial District Court, Bexar County, Texas Trial Court No. 2023-PA-01753 Honorable Charles E. Montemayor, Judge Presiding PER CURIAM Sitting: Irene Rios, Justice Lori Massey Brissette, Justice Velia J. Meza, Justice Delivered and Filed: September 24, 2025 DISMISSED FOR LACK OF JURISDICTION The trial court signed a final judgment on June 3, 2025. Therefore, the notice of appeal was due to be filed on June 23, 2025. See TEX. R. APP. P. 26.1(b). A motion for extension of time to file the notice of appeal was due on July 8, 2025, within fifteen days after the deadline. See TEX. R. APP. P. 26.3. Appellant did not file a motion for extension of time, and appellant did not file her notice of appeal until August 14, 2025. The notice of appeal represents that appellant did not receive timely notice of the judgment, but the record does not show that she sought relief under Rule 306a in the trial court. See TEX. R. CIV. P. 306a.

04-25-00520-CV

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, 959 S.W.2d 615, 617 (Tex. 1997) (construing the predecessor to Rule 26). But “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. Because appellant did not file her notice of appeal within the fifteen-day grace period provided by Rule 26.3, we have no jurisdiction over this appeal.

See id. We therefore ordered appellant to show cause by September 15, 2025 why this appeal should not be dismissed for lack of jurisdiction. Appellant failed to respond to our order. Therefore, we dismiss this appeal for lack of jurisdiction.

PER CURIAM

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