In the Interest of A.A.C., B.R.C., and D.L.C. II, Children v. the State of Texas

Court of Appeals of Texas·Decided April 10, 2025·No. 13-24-00655-CV·Published

Opinion

NUMBER 13-24-00655-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

INTEREST OF A.A.C., B.R.C., AND D.L.C. II, CHILDREN

ON APPEAL FROM THE 267TH DISTRICT COURT OF GOLIAD COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Silva, Peña, and Fonseca Memorandum Opinion by Justice Silva

This cause is before the Court on its own motion. On December 23, 2024, appellant

Linda A. Garcia filed a pro se notice of appeal attempting to appeal an order issued on

May 22, 2024, in trial court cause number 22-01-1205-CV. On January 6, 2025, the Clerk

of the Court notified appellant that the notice of appeal was not timely filed. The Clerk

also notified appellant that if the defect was not corrected within ten days from the date

of the notice, the appeal would be dismissed. See TEX. R. APP. P. 42.3(a). 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).

CLARISSA SILVA Justice

Delivered and filed on the 10th day of April, 2025.

Free access — add to your briefcase to read the full text and ask questions with AI

In the Interest of A.A.C., B.R.C., and D.L.C. II, Children v. the State of Texas, (Tex. Ct. App. 2025).

In the Interest of A.A.C., B.R.C., and D.L.C. II, Children v. the State of Texas (In the Interest of A.A.C., B.R.C., and D.L.C. II, Children v. the State of Texas) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Verburgt v. Dorner
959 S.W.2d 615 (Texas Supreme Court, 1998)