Martie Garcia-Vela and Daniel Garcia v. Brownsville Independent School District

• Court: Court of Appeals of Texas
• Decided: August 14, 2025
• Docket: 13-25-00268-CV
• Status: Published

Opinion

NUMBER 13-25-00268-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

MARTIE GARCIA-VELA AND DANIEL GARCIA, Appellants,

v.

BROWNSVILLE INDEPENDENT SCHOOL DISTRICT, Appellee.

ON APPEAL FROM THE 357TH DISTRICT COURT OF CAMERON COUNTY, TEXAS

MEMORANDUM OPINION Before Chief Justice Tijerina and Justices West and Fonseca Memorandum Opinion by Justice Fonseca

The cause is before the Court on appellants’ opposed motion for extension of time

to file the brief and appellants’ failure to cure a defective notice of appeal or otherwise

respond to notices from the clerk requiring a response or other action. On May 13, 2025, appellants filed a notice of appeal attempting to appeal a

judgment or order entered in trial court cause number 2019-DCL-03150. On June 13,

2025, the Clerk of the Court notified appellants that it appears there is no final, appealable

order. Appellants were further notified that if the defect was not cured within ten days, the

appeal would be dismissed. See TEX. R. APP. P. 42.3(c). On July 21, 2025, after review

of the supplement clerk’s record, the Clerk of the Court again notified appellants that it

appears there is no final, appealable order. Appellants were further notified that if the

defect was not cured within ten days, the appeal would be dismissed. See TEX. R. APP.

P. 42.3.

Appellants have not cured the defective notice of appeal, nor otherwise responded

to the notices from the clerk requiring a response or other action within the time specified;

accordingly, the appeal is dismissed for want of prosecution. See id. R. 42.3(b),

(c). Furthermore, appellants’ opposed motion for extension of time to file the brief is

denied as moot.

YSMAEL D. FONSECA Justice

Delivered and filed on the 14th day of August, 2025.