In Re: Estate of Sherri Michele Gillette v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: April 15, 2025
• Docket: 07-25-00098-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00098-CV

IN RE: ESTATE OF SHERRI MICHELE GILLETTE, DECEASED

On Appeal from the 251st District Court Potter County, Texas Trial Court No. 112127-C-CV, Honorable Ana Estevez, Presiding

April 15, 2025 MEMORANDUM OPINION Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Paul Gillette, proceeding pro se, appeals from the trial court’s Partial

Summary Judgment made final by the subsequent Order on Motion to Sever. We dismiss

the untimely appeal for want of jurisdiction.

This appeal arises from a suit for declaratory judgment concerning the estate of

Sherri Michele Gillette, trial court cause number 111774-C-CV. On April 30, 2024, the

trial court granted partial summary judgment to Appellee, Dwayne Herring. Herring later

moved to sever “claims adjudicated in the Partial Summary Judgment from the

counterclaims of Paul against Dwayne in the above-styled and numbered cause in order

that the Partial Summary Judgment may become a final judgment.” On May 3, 2024, the trial court signed the Order on Motion to Sever, severing all adjudicated claims into trial

court cause number 112127-C-CV and creating a final judgment in the new cause. 1 See

Hall v. Austin, 450 S.W.2d 836, 837–38 (Tex. 1970) (“A severance divides the lawsuit into

two or more separate and independent causes. When this has been done, a judgment

which disposes of all parties and issues in one of the severed causes is final and

appealable.”).

The trial court signed the severance order on May 3, 2024. Notice of appeal was

due within thirty days after the judgment was signed or within ninety days upon the timely

filing of a motion for new trial. TEX. R. APP. P. 26.1(a). To be timely, a motion for new

trial was due within thirty days after the judgment was signed, by June 3, 2024. See TEX.

R. CIV. P. 4, 329b(a). Gillette filed a “Motion for New Trial/Motion to Vacate Final

Judgment” on January 31, 2025. Because the motion for new trial was untimely, it did

not extend the notice of appeal deadline. A notice of appeal was, therefore, due within

thirty days after the judgment was signed, by June 3, 2024. Paul filed a notice of appeal

on March 6, 2025.

A timely notice of appeal is essential to invoking this Court’s jurisdiction. See TEX.

R. APP. P. 25.1(b), 26.1; Verburgt v. Dorner, 959 S.W.2d 615, 616–17 (Tex. 1997).

Notwithstanding that the Texas Supreme Court has directed us to construe the Rules of

Appellate Procedure reasonably and liberally so that the right of appeal is not lost by

imposing requirements not absolutely necessary to effect the purpose of those rules, we

are prohibited from enlarging the time for perfecting an appeal in a civil case. See

1 The remaining claims in trial court cause 111774-C-CV were later disposed of by the Final

Summary Judgment signed on December 3, 2024. Paul appealed the Final Summary Judgment to this Court in appellate cause number 07-25-00097-CV. 2 Verburgt, 959 S.W.2d at 616–17; TEX. R. APP. P. 2 (providing that we may not suspend a

rule’s operation or order a different procedure to alter the time for perfecting an appeal).

By letter of March 14, 2025, we notified Paul that his notice of appeal appeared

untimely and directed him to file a response by March 24 showing grounds for continuing

the appeal or the appeal would be dismissed for want of jurisdiction. To date, Paul has

not a filed a response or had any further communication with this Court.

Accordingly, the appeal is dismissed for want of jurisdiction. TEX. R. APP. P.

42.3(a).

Per Curiam