CourtListener 10860382•In the Matter of the Marriage of Sini Ann Mathews and Wesley Mon Mathews v. the State of Texas
In the Matter of the Marriage of Sini Ann Mathews and Wesley Mon Mathews v. the State of Texas
CourtListener 10860382Txctapp1307.05.2026
Gesamter Gesetzestext
NUMBER 13-26-00077-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE MATTER OF THE MARRIAGE OF
SINI ANN MATHEWS AND WESLEY MON MATHEWS
ON APPEAL FROM THE 77TH DISTRICT COURT
OF LIMESTONE COUNTY, TEXAS
MEMORANDUM OPINION 1
Before Chief Justice Tijerina and Justices West and Cron
Memorandum Opinion by Justice West
On July 17, 2025, the trial court entered a final divorce decree. On August 4, 2025,
appellant filed a motion for new trial. On December 10, 2025, appellant filed a notice of
restricted appeal related to the final divorce decree.
1
This case is before the Court on transfer from the Tenth Court of Appeals pursuant to a
docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. §
73.001.
A restricted appeal is available to a litigant who did not participate in the hearing
that resulted in the complained-of judgment and where error is apparent on the face of
the record. See TEX. R. APP. P. 25.1(d)(7). To perfect a restricted appeal, the appellant
must, among other things, show that he did not timely file any post-judgment motions or
request findings of fact and conclusions of law. Ex parte E.H., 602 S.W.3d 486, 495 (Tex.
2020); TEX. R. APP. P. 25.1(d)(7)(B). This requirement is jurisdictional. Ex parte E.H., 602
S.W.3d at 497 (holding the first three elements of its restricted appeal test are
jurisdictional).
Here, the record reflects that appellant filed a timely motion for new trial. See TEX.
R. CIV. P. 329b(a) (providing thirty days after entry of a final judgment to file a motion for
new trial). Accordingly, the Clerk of the Court issued two notices of jurisdictional defect to
appellant providing that, if left uncured, the appeal shall be dismissed. See TEX. R. APP.
P. 42.3. Appellant responded by filing a motion to compel the clerk’s and reporter’s
records, wherein he acknowledged receipt of the defect notices and asserted he needed
the records to “file a well prepared brief” and “correct the defect.” We fail to see how the
relief requested could correct the jurisdictional defect.
Thus, the appeal is dismissed for want of jurisdiction, and all pending motions are
dismissed as moot.
JON WEST
Justice
Delivered and filed on the
7th day of May, 2026.
2
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