In the Matter of the Marriage of Mark Anthony Duncan and Jaime Lynn Duncan v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: July 10, 2025
• Docket: 13-25-00140-CV
• Status: Published

Opinion

NUMBER 13-25-00140-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF THE MARRIAGE OF MARK ANTHONY DUNCAN AND JAIME LYNN DUNCAN

ON APPEAL FROM THE 105TH DISTRICT COURT OF NUECES COUNTY, TEXAS

MEMORANDUM OPINION Before Justices Silva, Peña, and Cron Memorandum Opinion by Justice Silva

This cause is before the Court on its own motion. On March 25, 2025, appellant

filed a notice of appeal attempting to appeal an order entered in trial court cause number

2012-FAM-3113-D. On March 27, 2025, the Clerk of the Court notified appellant that it

appears the order appellant is attempting to appeal is unappealable. Appellant was further

notified that if the defect was not cured within ten days, the appeal would be dismissed.

See TEX. R. APP. P. 42.3. On April 30, 2025, the Clerk of the Court again notified appellant

that it appears the order appellant is attempting to appeal is unappealable. Appellant was further notified that if the defect was not cured within ten days, the appeal would be

dismissed. See Id. Appellant has failed to respond to either notice.

Upon review of the documents before us, we are of the opinion that the order

appellant attempted to appeal is unappealable, and appellant has failed to correct the

defect. Absent an appealable interlocutory order or final judgment, this Court has no

jurisdiction over this appeal. See Ogletree v. Matthews, 262 W.S.3d 316, 319 n.1 (Tex.

2007); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 205 (Tex. 2001). Having considered

the documents on file and appellant’s failure to correct the jurisdictional defect in this

matter, 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 July, 2025.