Irma Perez v. Victor Manuel Perez, Jr.

Opinion

El Paso County - 388th District Court Filed 3/12/2021 3:32 PM 08-21-00043-CV Norma Favela Barceleau District Clerk El Paso County 2017DCM0562 In the District Court of El Paso County, Texas 388th Judicial District In the Matter of § FILED IN The Marriage of § 8th COURT OF APPEALS § EL PASO, TEXAS IRMA PEREZ, § 3/15/2021 11:53:00 AM § ELIZABETH G. FLORES Petitioner, § Clerk § and § Cause No. 2017DCM0562 § VICTOR MANUEL PEREZ, JR. § § Respondent, § § and in the Interest of § S.A.P. and A.B.P., § Children §

PETITIONER IRMA PEREZ’S NOTICE OF APPEAL OF FEBRUARY 12, 2021 JUDGMENT NUNC PRO TUNC

To the Honorable Judge Marlene Gonzalez:

Now comes Petitioner Irma Perez, and, pursuant to Texas Rules of Appellate Procedure 25

and 26, files this Notice of Appeal:

1. This Notice of Appeal is filed in the Matter of the Marriage of Irma Perez and Victor

Manuel Perez, Jr., and in the Interest of S.A.P. and A.B.P., Children, Cause No. 2017-

DCM-0562, In the 388th District Court, El Paso County, Texas.

2. The orders appealed from are the Order Regarding Respondent’s Perez Motion for

Judgment Nunc Pro Tunc, which was signed on February 12, 2021, and the Final Decree

of Divorce after Motion for New Trial and Judgment Nunc Pro Tunc, entered on March 12,

2021. The Order Regarding Respondent’s Perez Motion for Judgment improperly

corrected judicial error beyond the Court’s plenary power. Thus, the Final Decree of

Divorce after Motion for New Trial and Judgment Nunc Pro Tunc, entered pursuant to the Court’s order granting Respondent’s Motion for Judgment Nunc Pro Tunc is void, and is

also being appealed.

3. Petitioner Irma Perez desires to file her appeal with the Eighth Circuit Court of Appeals

for the State of Texas in El Paso, Texas.

Respectfully submitted,

RAY | PENA | McCHRISTIAN, P.C. 5822 Cromo Drive El Paso, Texas 79912 T: (915) 832-7200 F: (915) 832-7333 redwards@raylaw.com ralvarez@raylaw.com

March 8, 2021 /s/ Rob Edwards ROB EDWARDS State Bar No. 24058290 REBECCA H. ALVAREZ State Bar No. 24104139

CERTIFICATE OF SERVICE

I certify that on this date, a true and correct copy of this instrument was served via electronic mail to:

George Mansouraty Attorney at Law 1554 Lomaland El Paso Texas, 79935 georgemansouraty@sbcglobal.net

/s/ Rebecca H. Alvarez Rebecca H. Alvarez