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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