CourtListener 10365733•In Re J.M. v. the State of Texas
Full text
Court of Appeals
Tenth Appellate District of Texas
10-25-00078-CV
In re J.M.
Original Proceeding
JUSTICE SMITH delivered the opinion of the Court.
MEMORANDUM OPINION
On December 30, 2024, because Relator’s notice of appeal was untimely
filed, we dismissed his direct appeal from the trial court’s judgment
terminating his parental rights to his children for want of jurisdiction. In re
J.M., No. 10-24-00372-CV, 2024 WL 5242680, at *2 (Tex. App.—Waco Dec. 30,
2024, no pet. h.) (mem. op.). On March 10, 2025, Relator filed an “Application
for Writ of Habeas Corpus” in this Court requesting that we consider the merits
of his untimely-filed direct appeal based on principles of due process and that
we reverse the trial court’s termination order. See U.S. CONST. amend. XIV;
TEX. CONST. art. I, § 19.1
1 To the extent that Relator’s pleading could be construed as a motion for rehearing on the judgment
dismissing his direct appeal in cause number 10-24-00372-CV, his motion for rehearing would be
untimely filed. See TEX. R. APP. P. 49.1.
Our original habeas corpus jurisdiction is limited to cases in which a
person’s liberty is restrained because the person has violated an order,
judgment, or decree previously entered by the court in a civil case. See TEX.
GOV’T CODE ANN. § 22.221(d). Because the relief sought does not fall within
the limited scope of our original habeas corpus jurisdiction, we dismiss this
original proceeding for want of jurisdiction.
STEVE SMITH
Chief Justice
OPINION DELIVERED and FILED: March 27, 2025
Before Chief Justice Johnson,
Justice Smith, and
Justice Harris
Dismissed
OT06
In re J.M. Page 2
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