In the Matter of the Marriage of Sini Ann Mathews and Wesley Mon Mathews v. the State of Texas

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.

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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.

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