What did the court decide?

The court dismissed the appeal because the notice of appeal was filed late and the appellant did not provide a required reasonable explanation or file a motion for extension of time after being ordered to do so.

Who is affected by this decision?

The appellant, Ernest Garcia, is directly affected because his appeal was dismissed; the appellee, Westex Community Credit Union, remains the prevailing party in the underlying judgment.

Because the appeal was dismissed for lack of jurisdiction, the dismissal ends appellate review unless Garcia seeks relief such as a motion for reinstatement or other extraordinary remedy in the appellate court or seeks relief from the trial court if available.

Why was the notice of appeal considered untimely?

Although filed within the 15‑day grace period that creates an implied extension, the appellate rules require a reasonable explanation for the late filing; the appellant did not provide any explanation after being ordered to do so.

Can this dismissal be appealed?

A dismissal for want of jurisdiction generally ends the appeal, but the appellant may inquire about procedures such as a motion for reinstatement or other remedies; timely procedural steps and deadlines apply and should be discussed with counsel.

Ernest Garcia v. Westex Community Credit Union

Docket 08-26-00112-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

CivilDismissed

Filed: Apr 15, 2026 · 2 weeks ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 8th District (El Paso)
Type: Lead Opinion
Case type: Civil
Disposition: Dismissed
Docket: 08-26-00112-CV

Appeal from a district court judgment (trial court No. 25-09-25819-CVR) challenged by a late notice of appeal

Summary

The Court of Appeals (Eighth District, El Paso) dismissed Ernest Garcia’s appeal from a December 4, 2025 judgment because his March 5, 2026 notice of appeal was untimely and he failed to provide a required reasonable explanation or file a motion for extension of time after the court ordered him to do so. The court concluded the late notice could only be excused by an implied extension under Texas Rule of Appellate Procedure 26.3 if Garcia supplied a reasonable explanation, which he did not, so the court lacked jurisdiction to consider the appeal and dismissed it under Rule 42.3(a).

Issues Decided

Whether an untimely notice of appeal filed within the 15-day grace period of Tex. R. App. P. 26.3 can be treated as an implied motion for extension absent a reasonable explanation for the late filing
Whether failure to timely move for an extension or to provide a reasonable explanation warrants dismissal for lack of jurisdiction under Tex. R. App. P. 42.3(a)

Court's Reasoning

The court relied on Texas appellate rules that allow an implied extension when a notice is filed within the 15‑day grace period but require a reasonable explanation for the delay. The clerk ordered Garcia to file a motion explaining the late filing by a set deadline and warned that failure to comply could lead to dismissal. Garcia did not respond or give any explanation, so the court found it lacked jurisdiction to decide the appeal and dismissed it under Rule 42.3(a).

Authorities Cited

Texas Rule of Appellate Procedure 26.3
Texas Rule of Appellate Procedure 26.1
Texas Rule of Appellate Procedure 42.3(a)
Verburgt v. Dorner959 S.W.2d 615 (Tex. 1997)

Parties

Appellant: Ernest Garcia
Appellee: Westex Community Credit Union
Judge: Lisa J. Soto

Key Dates

trial court judgment entered: 2025-12-04
notice of appeal filed: 2026-03-05
deadline to file extension motion (court order): 2026-03-19
opinion date: 2026-04-15

What You Should Do Next

1
Consult an appellate attorney promptly
An attorney can evaluate whether there are procedural remedies available, such as a motion for reinstatement or other extraordinary relief, and advise on deadlines and chances of success.
2
Check for available motions in the appellate rules
Review Texas Rules of Appellate Procedure for motions like reinstatement or relief from dismissal and identify any short filing windows to act quickly.
3
Consider seeking relief in the trial court if appropriate
If the underlying judgment has grounds for reconsideration or new motion, consult counsel about possible trial-court actions that might reopen appellate options.

Frequently Asked Questions

What did the court decide?: The court dismissed the appeal because the notice of appeal was filed late and the appellant did not provide a required reasonable explanation or file a motion for extension of time after being ordered to do so.
Who is affected by this decision?: The appellant, Ernest Garcia, is directly affected because his appeal was dismissed; the appellee, Westex Community Credit Union, remains the prevailing party in the underlying judgment.
What happens next?: Because the appeal was dismissed for lack of jurisdiction, the dismissal ends appellate review unless Garcia seeks relief such as a motion for reinstatement or other extraordinary remedy in the appellate court or seeks relief from the trial court if available.
Why was the notice of appeal considered untimely?: Although filed within the 15‑day grace period that creates an implied extension, the appellate rules require a reasonable explanation for the late filing; the appellant did not provide any explanation after being ordered to do so.
Can this dismissal be appealed?: A dismissal for want of jurisdiction generally ends the appeal, but the appellant may inquire about procedures such as a motion for reinstatement or other remedies; timely procedural steps and deadlines apply and should be discussed with counsel.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
————————————

No. 08-26-00112-CV

————————————

Ernest Garcia, Appellant

Westex Community Credit Union, Appellee

On Appeal from the 143rd District Court
Reeves County, Texas
Trial Court No. 25-09-25819-CVR

M E MO RA N D UM O PI NI O N

On March 5, 2026, Appellant, Ernest Garcia, filed a notice of appeal from a judgment

entered on December 4, 2025. We notified Garcia that the notice of appeal was late, but because

the notice was filed within the fifteen-day grace period provided by Texas Rule of Appellate

Procedure 26.3, an extension request is implied. See Verburgt v. Dorner, 959 S.W.2d 615, 617
(Tex. 1997); Tex. R. App. P. 26.1; Tex. R. App. P. 26.3. We further notified Garcia that, although

the extension request is implied, he must nonetheless provide the Court with a reasonable

explanation for the untimely filed notice of appeal.

We ordered Garcia to file a motion for extension of time explaining the late filing no later

than March 19, 2026, and cautioned that failure to provide an extension would result in the

dismissal of his appeal for want of jurisdiction. See Verburgt, 959 S.W.2d at 617; Tex. R. App. P.

42.3(a). As of the date of this opinion, Garcia has not responded to our order or otherwise provided

this Court with a reasonable explanation for the late filing.

Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a)

(authorizing an appellate court to dismiss an appeal after giving ten days’ notice to all parties).

LISA J. SOTO, Justice

April 15, 2026

Before Salas Mendoza, C.J., Palafox and Soto, JJ.