Mario Linan and Norma Linan v. City of San Benito, Texas

NUMBERS 13-26-00361-CV, 13-26-00362-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG

MARIO LINAN AND NORMA LINAN, Appellants,

v.

CITY OF SAN BENITO, TEXAS, Appellee.

ON APPEAL FROM THE 404TH DISTRICT COURT
OF CAMERON COUNTY, TEXAS

MEMORANDUM OPINION

Before Justices Pena, West, and Fonseca
Memorandum Opinion by Justice West

On May 1, 2026, appellants Mario Linan and Norma Linan filed notices of appeal

from orders rendered in trial court cause number 2020-DCL-03081-G. Appellants’ notices

of appeal, filed in our appellate cause numbers 13-26-00361-CV and 13-26-00362-CV,

both assail orders signed on May 5, 2021, and February 11, 2022. We address both
appellate causes in this single memorandum opinion in the interest of judicial efficiency

and economy. We dismiss the appeals for lack of jurisdiction.

“A timely notice of appeal is an essential prerequisite for the appellate court’s

jurisdiction.” Mitschke v. Borromeo, 645 S.W.3d 251, 253 (Tex. 2022); see Abraham v.

Hernandez, 705 S.W.3d 416, 423 (Tex. App.—El Paso 2024, no pet.). A notice of appeal

is generally required to be filed within thirty days after the judgment is signed. See TEX.

R. APP. P. 26.1. This deadline may be extended to ninety days after the judgment is signed

if the appellant files a timely motion for new trial or other appropriate post-judgment

motion. See id. R. 26.1(a); TEX. R. CIV. P. 329b(a). When a notice of appeal is not timely

filed, we must dismiss the appeal for lack of jurisdiction. See In re J.J.R., 599 S.W.3d 605,

610 (Tex. App.—El Paso 2020, no pet.); In re L.G., 517 S.W.3d 275, 277 (Tex. App.—

San Antonio 2017, pet. denied) (per curiam); Baker v. Baker, 469 S.W.3d 269, 272 (Tex.

App.—Houston [14th Dist.] 2015, no pet.).

On May 6, 2026, the Clerk of the Court notified appellants that it appeared that

their appeals were not timely perfected. See TEX. R. APP. P. 26.1, 37.1, 42.3(a). The Clerk

advised appellants that the appeals would be dismissed if the defect was not corrected

within ten days of receipt of the notices. Appellants did not respond to the Clerk’s directive

or otherwise correct the defects in their notices of appeal.

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

applicable law, is of the opinion that appellants’ notices of appeal were not timely filed.

The trial court signed the orders at issue on May 5, 2021, and February 11, 2022, and

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appellants filed their notices of appeal more than four years late. Accordingly, we dismiss

the appeals for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

JON WEST
Justice

Delivered and filed on the
18th day of June, 2026.

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