In the Matter of O.W. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: November 20, 2025
• Docket: 13-25-00576-CV
• Status: Published

Opinion

NUMBER 13-25-00576-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF O.W.

ON APPEAL FROM THE 378TH DISTRICT COURT OF ELLIS COUNTY, TEXAS

MEMORANDUM OPINION

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

This matter is before the Court on appellant O.W.’s motion for extension of time to

file the notice of appeal. On October 24, 2025, appellant filed a notice of appeal attempting

to appeal a September 24, 2025 order waiving exclusive original jurisdiction and

transferring appellant’s case to the appropriate district court to stand trial as an adult in cause number 25-J-5085. See TEX. FAM. CODE ANN. § 56.01; TEX. R. APP. P. 28.4. 1 That

same day, 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 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 id. R. 28.4(a)(1); TEX. R. JUD. ADMIN. 6.2(a), reprinted

in TEX. GOV’T CODE ANN., 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) (requiring notice of appeal in

accelerated case to be filed within twenty days after the judgment is signed). 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 enlarging the

time for perfecting an appeal in a civil case in a manner not provided for by rule. See TEX.

1 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. §§ 22.220(a) (delineating the jurisdiction of appellate courts), 73.001 (granting the supreme court the authority to transfer cases from one court of appeals to another at any time that there is “good cause” for the transfer). 2 R. APP. P. 2; In re T.W., 89 S.W.3d 641, 642 (Tex. App.—Amarillo 2002, no pet.).

Here, appellant’s notice of appeal was filed on October 24, 2025, within the fifteen-

day grace period after the trial court’s order was signed on September 24, 2025.

Nonetheless, appellant must provide a reasonable explanation for the late filing, and it is

not enough to simply file a notice of appeal. Verburgt, 959 S.W.2d 617; Woodard v.

Higgins, 140 S.W.3d 462, 462 (Tex. App.—Amarillo 2004, no pet.); see 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 October 31, 2025, appellant filed a motion for extension of time providing an

explanation for the late filing of the notice of appeal. However, appellant filed the motion

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 and subsequent motion for extension of time to file notice of appeal was

untimely, we lack jurisdiction over the appeal. Accordingly, we dismiss both the motion

and the entire cause for want of jurisdiction. See id. 42.3(a).

CLARISSA SILVA Justice

Delivered and filed on the 20th day of November, 2025.