CourtListener 10740797•In the Matter of the Marriage of Mauricio Rodriguez and Alma Araseli Perez and in the Interest of J.I.R, a Child v. the State of Texas
In the Matter of the Marriage of Mauricio Rodriguez and Alma Araseli Perez and in the Interest of J.I.R, a Child v. the State of Texas
CourtListener 10740797Txctapp1320 nov. 2025
Texte intégral
NUMBER 13-25-00481-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
IN THE MATTER OF THE MARRIAGE OF
MAURICIO RODRIGUEZ AND ALMA ARASELI PEREZ
AND IN THE INTEREST OF J.I.R, A CHILD
____________________________________________________________
ON APPEAL FROM THE 444TH DISTRICT COURT
OF CAMERON COUNTY, TEXAS
____________________________________________________________
MEMORANDUM OPINION
Before Justices Silva, Peña, and West
Memorandum Opinion by Justice Peña
This matter is before the Court on its own motion. On October 3, 2025, appellant
attempted to appeal an order or judgment entered on June 17, 2025, in trial court cause
number 2016-DCL-02949-G. On October 7, 2025, the Clerk of the Court notified appellant
that the notice of appeal was not timely filed. The Clerk of the Court also notified appellant
that if the defect was not corrected within ten days, the appeal would be dismissed. See
TEX. R. APP. P. 42.3(a).
Upon review of the record, appellant timely filed a motion for new trial on July 16,
2025, which expanded the time for appellant to file a notice of appeal. See id. R. 26.1(a).
However, the notice of appeal was not filed with ninety-days of the judgment being
appealed. Further, appellant has failed to respond to the clerk’s notice or demonstrate
that the appeal was timely perfected.
We are to construe the rules of appellate procedure reasonably and liberally so
that the right to appeal is not lost by imposing requirements not absolutely necessary to
effectuate the purpose of a rule. See Verburgt v. Dorner, 959 S.W.2d 615, 616-17 (Tex.
1997). Furthermore, we are prohibited from enlarging the scope of our jurisdiction by
enlarging the time for perfecting an appeal in a civil case in a manner not provided for by
rule. See TEX. R. APP. P. 2; In re T.W., 89 S.W.3d 641, 642 (Tex. App.—Amarillo 2002,
no pet.). Appellant’s notice of appeal was untimely; therefore, we lack jurisdiction
over the appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 42.3(a).
L. ARON PEÑA JR.
Justice
Delivered and filed on the
20th day of November, 2025.
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