In the Matter of D.M.M., a Juvenile v. the State of Texas

NUMBERS 13-26-00381-CV, 13-26-00382-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF D.M.M., A JUVENILE

ON APPEAL FROM THE 130TH DISTRICT COURT
OF MATAGORDA COUNTY, TEXAS

MEMORANDUM OPINION

Before Chief Justice Tijerina and Justices Silva and Cron
Memorandum Opinion by Justice Silva

This matter is before the Court on its own motion. On May 13, 2026, appellant

D.M.M. 1 filed a notice of appeal attempting to appeal an April 22, 2026 order waiving

exclusive original jurisdiction and transferring appellant’s case to the appropriate district

court to stand trial as an adult in cause numbers 25-016-J and 25-017-J. See TEX. FAM.

1 To protect the identity of the juvenile, we refer to the juvenile by initials. See TEX. R. APP. P.

9.8(c)(1)(A) (providing that a juvenile must only be identified by an alias in an appeal arising out of a juvenile
court).
CODE § 56.01(c)(1)(A); TEX. R. APP. P. 28.4. On May 14, 2026, the Clerk of the Court

notified appellant that it appeared that the appeal was not timely perfected. See TEX. R.

APP. P. 26.1(b). Appellant was advised that the appeal would be dismissed if the defect

was not corrected within ten days from the date of the Court’s directive. See id. R. 26.3,

42.3(a), (c).

The Texas Family Code provides that an appeal from an order of a juvenile court

concerning the transfer of the juvenile to adult criminal court is generally governed by the

rules of civil cases. See TEX. FAM. CODE § 56.01(a), (b), (c)(1)(A). This Court is bound by

the Texas Rules of Appellate Procedure in juvenile cases. Appeals from an order

certifying a child to stand trial as an adult are governed by the rules for accelerated

appeals. See TEX. R. APP. P. 28.4(a)(1); TEX. R. JUD. ADMIN. 6.2(a), reprinted in TEX.

GOV’T CODE, tit. 2, subtit. F app. The notice of appeal is due twenty days after the

judgment is signed. TEX. R. APP. P. 26.1(b). The appellate court may extend the time to

file the notice of appeal if, within fifteen days after the deadline for filing the notice of

appeal, the appellant files the notice of appeal in the trial court and files in the appellate

court a motion for extension of time that complies with the appellate rules. Id. R. 26.3; see

In re K.A.F., 160 S.W.3d 923, 926–27 (Tex. 2005). 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). However, we are prohibited

from enlarging the scope of our jurisdiction by expanding 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.).

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Here, appellant’s notice of appeal was filed on May 13, 2026, within the fifteen-day

grace period after the trial court’s order was signed on April 22, 2026. See TEX. R. APP.

P. 26.3. Nonetheless, appellant must provide a reasonable explanation for the late filing,

and it is not enough to simply file a notice of appeal. See Verburgt, 959 S.W.2d 617;

Woodard v. Higgins, 140 S.W.3d 462, 462 (Tex. App.—Amarillo 2004, no pet.); TEX. R.

APP. P. 26.3 (providing that appellate court may extend time to file notice of appeal if,

within fifteen days of the deadline for filing, appealing party files its notice of appeal and

accompanying motion). On May 31, 2026, appellant filed a response to the Court’s

directive providing an explanation for the late filing of the notice of appeal. However, even

if we were to construe appellant’s response as a motion for extension of time to file

appeal, appellant filed her response after the fifteen-day grace period provided by Rule

26.3 had expired. See TEX. R. APP. P. 26.3.

Rule 42.3 permits an appellate court, on its own initiative after giving ten days’

notice to all parties, to dismiss the appeal for want of jurisdiction or for failure to comply

with a requirement of the appellate rules. See id. R. 42.3(a), (c). Because appellant’s

notice of appeal was untimely as to both causes, we lack jurisdiction over the appeals.

Accordingly, we dismiss both causes in their entirety for want of jurisdiction. See id.

42.3(a).

CLARISSA SILVA
Justice

Delivered and filed on the
4th day of June, 2026.

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