In the Matter of the Marriage of Roxanna Hernandez and Alex Hernandez Jr. v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 11, 2024
• Docket: 13-23-00582-CV
• Status: Published

Opinion

NUMBERS 13-23-00580-CV, 13-23-00582-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

IN THE MATTER OF THE MARRIAGE OF ROXANNA HERNANDEZ AND ALEX HERNANDEZ JR.

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

MEMORANDUM OPINION Before Chief Justice Contreras and Justices Benavides and Tijerina Memorandum Opinion by Justice Benavides

Alex Hernandez Jr. filed a “Motion for Interlocutory Appeal[,] Notice of

Mandamus[,] and Motion to Stay” in this Court on December 14, 2023. We construed this

pleading as both a notice of appeal and a petition for writ of mandamus and docketed it

in two cause numbers: 13-23-00580-CV for the petition for writ of mandamus, and 13-23-

00582-CV for the appeal. On December 15, 2023, the Clerk of this Court notified

Hernandez that it appeared that there was not a final, appealable order, that there was

no statutory basis for an interlocutory appeal, and that a notice of interlocutory appeal would be untimely. The Clerk advised Hernandez that the appeal would be dismissed if

these defects were not corrected within ten days. See TEX. R. APP. P. 37.1. The Clerk

further advised Hernandez that the petition for writ of mandamus failed to comply with the

appellate rules and directed him to file an amended petition within five days. See id. R.

9.4(i)(3), 52.3, 52.7. And finally, the Clerk informed Hernandez that the motion for stay

failed to comply with the Texas Rules of Appellate Procedure. See id. R. 10.1, 52.10(a).

Hernandez has not responded to the Clerk’s directives and has not otherwise corrected

any of these defects.

The Court, having examined and fully considered the documents on file and the

applicable law, is of the opinion that the appeal should be dismissed and the petition for

writ of mandamus should be denied. Accordingly, we dismiss the appeal in cause number

13-23-00582-CV and we deny the petition for writ of mandamus in cause number 13-23-

00580-CV. We dismiss the motion to stay as moot in both cases.

GINA M. BENAVIDES Justice

Delivered and filed on the 11th day of January, 2024.