Filegonia Site Contractors, LLC v. Greslim Construction, LLC and Hellas Construction, Inc.

NUMBER 13-25-00118-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI – EDINBURG
____________________________________________________________

FILEGONIA SITE CONTRACTORS, LLC, Appellant,

v.

GRESLIM CONSTRUCTION, LLC AND
HELLAS CONSTRUCTION, INC., Appellees.
____________________________________________________________

ON APPEAL FROM THE COUNTY COURT AT LAW NO. 4
OF HIDALGO COUNTY, TEXAS
____________________________________________________________

MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices West and Fonseca
Memorandum Opinion by Justice West
This matter is before the Court on its own motion. On February 28, 2025, appellant

attempted to appeal an order or judgment entered on December 4, 2024, in trial court

cause number CL-21-3361-D. On March 6, 2025, 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). On May 19, 2025, the Clerk of the Court

again notified appellant that the notice of appeal was not timely filed, and the appellant

was further notified that if the defect was not corrected within ten days from the date of

the notice, the appeal would be dismissed. See id.

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
3rd day of July, 2025.

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