Rogelio Perez and Edna Irene Perez v. Wells Fargo USA Holdings, Inc.

CourtListener 10881361Txctapp13Jun 25, 2026

Full text

NUMBER 13-26-00299-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG
____________________________________________________________

ROGELIO PEREZ AND
EDNA IRENE PEREZ, Appellants,

v.

WELLS FARGO USA
HOLDINGS, INC., Appellee.
____________________________________________________________

ON APPEAL FROM THE 206TH DISTRICT COURT
OF HIDALGO COUNTY, TEXAS
____________________________________________________________

MEMORANDUM OPINION

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

This cause is before the Court on its own motion. On April 21, 2026, appellant filed

a notice of appeal attempting to appeal a judgment issued on January 9, 2026, in trial

court cause number C-5200-24-D. On April 21, 2026, the Clerk of the Court notified
appellant that the notice of appeal was not timely filed. The Clerk of the Court also notified

appellant that if the defect was not corrected within ten days from the date of the notice,

the appeal would be dismissed. See TEX. R. APP. P. 42.3(a).

Appellant has failed to respond to the notice or demonstrate that the appeal was

timely perfected. We are to construe the rules of appellate procedure reasonably and

liberally so that the right to appeal is not lost by imposing requirements not absolutely

necessary to effectuate the purpose of a rule. See Verburgt v. Dorner, 959 S.W.2d 615,

616-17 (Tex. 1997). Furthermore, we are prohibited from enlarging the scope of our

jurisdiction by enlarging the time for perfecting an appeal in a civil case in a manner not

provided for by rule. See Tex. R. App. P. 2; In re T.W., 89 S.W.3d 641, 642 (Tex. App.–

Amarillo 2002, no pet.).

Appellant’s notice of appeal was untimely; therefore, we lack jurisdiction

over the appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.

APP. P. 42.3(a).

JON WEST
Justice

Delivered and filed on the
25th day of June, 2026.

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