CourtListener 10651125•In the Matter of the Marriage of Mark Anthony Duncan and Jaime Lynne Duncan v. the State of Texas
In the Matter of the Marriage of Mark Anthony Duncan and Jaime Lynne Duncan v. the State of Texas
CourtListener 10651125Txctapp137 ago 2025
Testo completo
NUMBER 13-25-00331-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
IN THE MATTER OF THE MARRIAGE OF
MARK ANTHONY DUNCAN AND JAIME LYNNE DUNCAN
____________________________________________________________
ON APPEAL FROM THE 105TH DISTRICT COURT
OF NUECES 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 June 23, 2025, appellant
attempted to appeal an order issued on May 19, 2025, in trial court cause number 2012-
FAM-3113-D. On June 24, 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).
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
7th day of August, 2025.
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