Lua v. Capital Plus Financial, LLC, Tex. App.-Dallas No. 05-23-00258-CV, memorandum opinion (Apr. 14, 2023)

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A memorandum opinion of the Court of Appeals, Fifth District of Texas at Dallas, No. 05-23-00258-CV, in Rodolfo Espinosa Lua and Anel Lua, Appellants v. Capital Plus Financial, LLC, Appellee, filed April 14, 2023, by Chief Justice Burns. Before the Court is appellants' motion for extension of time to file their notice of appeal, which the opinion states was filed March 17, 2023, one day past the last applicable deadline. Because the notice of appeal was filed beyond the fifteen-day grace period, the Court states it lacks authority to grant the extension, denies the extension motion and dismisses the appeal for want of jurisdiction. The accompanying judgment states that the appeal is DISMISSED and that appellee recover its costs.

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DISMISS and Opinion Filed April 14, 2023




                                          S   In The
                                Court of Appeals
                         Fifth District of Texas at Dallas
                                     No. 05-23-00258-CV

           RODOLFO ESPINOSA LUA AND ANEL LUA, Appellants
                               V.
               CAPITAL PLUS FINANCIAL, LLC, Appellee

                   On Appeal from the County Court at Law No. 3
                               Dallas County, Texas
                       Trial Court Cause No. CC-19-02051-C

                          MEMORANDUM OPINION
        Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III
                           Opinion by Chief Justice Burns
       Before the Court is appellants’ motion for extension of time to file their

notice of appeal. Appellants filed their notice of appeal in the trial court on March

17, 2023. In the notice of appeal, appellants state they are appealing the trial

court’s order rendered “on or about January 31, 2023.” The trial court signed two

orders on January 30, 2023.1 It did not sign an order on January 31, 2023.



   1
      The two orders signed on January 30, 2023 are: (1) Order on Plaintiff’s Second Supplemental
Motion for Issuance of Writ of Possession; and (2) Order on Plaintiff’s Motion to Confirm Funds in the
Registry of the Court and to Confirm the Arrearages of the Amounts Owed to Stay Writ of Possession.
For purposes of this opinion, the Court assumes without deciding that the orders are appealable.
      This Court’s authority to grant an extension to file a notice of appeal is

limited to appeals filed within fifteen days of the deadline prescribed by Texas

Rule of Appellate Procedure 26.1. See TEX. R. APP. P. 26.3. Because appellants

did not file a timely post-judgment motion extending appellate deadlines, the

notice of appeal was due on March 1, 2023 or, with an extension motion, March

16th. See id. 26.1, 26.3. Appellants filed their notice of appeal on March 17th, one

day past the last applicable deadline. Because the notice of appeal was filed

beyond the fifteen-day grace period, we lack authority to grant it.

      Accordingly, we deny the extension motion and dismiss the appeal for want

of jurisdiction. See id. 42.3(a).




                                              /Robert D. Burns, III/
                                              ROBERT D. BURNS, III
                                              CHIEF JUSTICE
230258F.P05




                                        –2–
                                  S
                          Court of Appeals
                   Fifth District of Texas at Dallas
                                  JUDGMENT

RODOLFO ESPINOSA LUA AND                   On Appeal from the County Court at
ANEL LUA, Appellants                       Law No. 3, Dallas County, Texas
                                           Trial Court Cause No. CC-19-02051-
No. 05-23-00258-CV        V.               C.
                                           Opinion delivered by Chief Justice
CAPITAL PLUS FINANCIAL, LLC,               Burns. Justices Molberg and Pedersen,
Appellee                                   III participating.

    In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

       It is ORDERED that appellee CAPITAL PLUS FINANCIAL, LLC recover
its costs of this appeal from appellants RODOLFO ESPINOSA LUA AND ANEL
LUA.


Judgment entered April 14, 2023




                                     –3–


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