NUMBER 13-20-00385-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG ____________________________________________________________

REY ESQUIVEL D/B/A 

ESQUIVEL BAIL BONDS Appellant,

v.

THE STATE OF TEXAS, Appellee. 

____________________________________________________________

On appeal from the 404th District Court

of Cameron County, Texas.

____________________________________________________________

MEMORANDUM OPINION

Before Justices Benavides, Hinojosa, and Tijerina

Memorandum Opinion by Justice Hinojosa

This cause is before the Court on its own motion. We must sua sponte consider 

whether appellant untimely perfected his appeal to this Court, an issue which affects our 

jurisdiction. See State ex rel. Best v. Harper, 562 S.W.3d 1, 7 (Tex. 2018); Allstate Ins. 
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Co. v. Barnet, 589 S.W.3d 313, 317 (Tex. App.—El Paso 2019, no pet.). After due 

consideration, we dismiss the appeal as untimely.

I. BACKGROUND

Appellant attempted to appeal an order denying bill of review entered by the 404th 

District Court of Cameron County on March 13, 2020. Appellant did not file his notice of 

appeal until August 21, 2020, nearly six months later. On August 7, 2020, the Clerk of the 

Court notified appellant that it appeared his appeal was not timely perfected and 

requested correction of the defect within ten days. See TEX. R. APP. P. 42.3. Appellant 

filed a motion to extend the time to file the notice, and this court improvidently granted the 

motion.

II. APPLICABLE LAW

Absent a timely filed notice of appeal, an appellate court lacks jurisdiction over the 

appeal. In re United Servs. Auto. Ass’n, 307 S.W.3d 299, 307 (Tex. 2010) (orig. 

proceeding); Jarrell v. Bergdorf, 580 S.W.3d 463, 466 (Tex. App.—Houston [14th Dist.] 

2019, no pet.); Baker v. Regency Nursing & Rehab. Ctrs., Inc., 534 S.W.3d 684, 684–85 

(Tex. App.—Corpus Christi–Edinburg 2017, no pet.). Generally, a notice of appeal is due 

within thirty days after the judgment is signed. See TEX. R. APP. P. 26.1. The deadline to 

file a notice of appeal is extended to ninety days after the date the judgment is signed if, 

within thirty days after the judgment is signed, any party timely files a motion for new trial, 

motion to modify the judgment, motion to reinstate, or, under certain circumstances, a 

request for findings of fact and conclusions of law. See id. R. 26.1(a); TEX. R. CIV. P. 296, 
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329b(a),(g); Young v. Di Ferrante, 553 S.W.3d 125, 128 (Tex. App.—Houston [14th Dist.] 

2018, pet. denied).

The time to file a notice of appeal also may be extended if, within fifteen days after 

the deadline to file the notice of appeal, a party properly files a motion for extension of 

time. See TEX. R. APP. P. 10.5(b), 26.3. 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 extension period provided by Rule 26.3. 

See id. R. 26.1, 26.3; Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997) (discussing 

the former appellate rules); Baker, 534 S.W.3d at 684–85; City of Dallas v. Hillis, 308 

S.W.3d 526, 529 (Tex. App.—Dallas 2010, pet. denied). Although a motion for extension 

of time is necessarily implied, the appellant must still provide a reasonable explanation 

for failing to file the notice of appeal timely. See TEX. R. APP. P. 10.5(b)(1)(C), (2)(A); 

Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1998); Felt v. Comerica Bank, 401 

S.W.3d 802, 806 (Tex. App.—Houston [14th Dist.] 2013, no pet.). Any conduct short of 

deliberate or intentional noncompliance qualifies as a reasonable explanation for failing 

to timely file the notice of appeal. Hone v. Hanafin, 104 S.W.3d 884, 886–87 (Tex. 2003) 

(per curiam); Baker, 534 S.W.3d at 685. 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.” Verburgt, 959 S.W.2d at 617; see Kinnard v. Carnahan, 25 S.W.3d 

266, 268 (Tex. App.—San Antonio 2000, no pet.). Stated otherwise, we may not “alter the 

time for perfecting an appeal beyond the period” authorized by the appellate rules. 

Verburgt, 959 S.W.2d at 617.
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III. ANALYSIS

The order denying bill of review subject to appeal was signed on March 13, 2020. 

Appellant did not file his notice of appeal until September 4, 2020, nearly six months later. 

The appeal was not filed timely under the appellate rules. See TEX. R. APP. P. 26.1. 

IV. CONCLUSION

The Court, having examined and fully considered the appellant’s pleadings, the 

clerk’s record, and the applicable law, is of the opinion that the notice of appeal was 

untimely, and we lack jurisdiction over the appeal. Accordingly, we VACATE the October 

28, 2020 ruling issued which granted appellant’s motion for extension of time to file notice 

of appeal. We instead DENY appellant’s motion for extension of time to file notice of 

appeal and DISMISS the appeal for lack of jurisdiction. See TEX. R. APP. P. 42.3(a). 

LETICIA HINOJOSA

 Justice 

Delivered and filed the 

10th day of December, 2020.