in the Interest of T. G. H. and J. S. H., Children

Opinion

NUMBER 13-22-00286-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG ____________________________________________________________

IN THE INTEREST OF T. G. H. AND J. S. H., CHILDREN ____________________________________________________________

On appeal from the 117th District Court of Nueces County, Texas. ____________________________________________________________

MEMORANDUM OPINION

Before Chief Justice Contreras and Justices Longoria and Tijerina Memorandum Opinion by Chief Justice Contreras

This matter is before the Court on appellant’s motion for leave to file notice of

appeal. We now dismiss the matter for want of jurisdiction.

On May 20, 2022, the trial court signed a final order in suit affecting the parent-

child relationship. Appellant filed a notice of appeal on June 23, 2022. On June 27, 2022,

the Clerk of this Court notified appellant that it appeared that the appeal was not timely

perfected. Appellant was advised that the appeal would be dismissed if the defect was

not corrected within ten days from the date of receipt of the Court’s directive. On July 25, 2022, appellant filed a motion for leave to file notice of appeal.

Appellant’s motion for leave to file a notice of appeal was not timely, as it was filed both

later than the ten days required by the Clerk of the Court’s notice and more than fifteen

days after the deadline for filing the notice of appeal. TEX. R. APP. P. 26.3. 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). Nevertheless, we are prohibited from enlarging the scope of our jurisdiction by

altering 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, and appellant’s motion for leave to file

the notice of appeal was also untimely; therefore, we lack jurisdiction over the appeal.

Accordingly, we dismiss appellant’s motion and entire cause for want of jurisdiction.

DORI CONTRERAS Chief Justice

Delivered and filed on the 25th day of August, 2022.