Kyle Trammell v. Kylie Trammell ( 2022 )

NUMBER 13-22-00251-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
KYLE TRAMMELL, Appellant,
v.
KYLIE TRAMMELL, Appellee.
____________________________________________________________
On appeal from the County Court at Law
of Aransas County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Longoria and Tijerina
Memorandum Opinion by Justice Tijerina
This matter is before the Court on appellant’s handwritten note received on May
31, 2022, which the Court construes as a motion for extension of time to file a notice of
appeal. We now dismiss the matter for lack of jurisdiction.
On April 21, 2021, the trial court signed a final protective order. Appellant filed a
notice of appeal with the trial court on May 31, 2022. On June 2, 2022, the Clerk of this
Court notified appellant that it appeared that the appeal was not timely perfected.
Appellant was advised that the appeal would be dismissed if the defect was not corrected
within ten days from the date of receipt of the Court’s directive.
Appellant’s motion for extension of time to file a notice of appeal is untimely, as it
was filed more than fifteen days after the deadline for filing the notice of appeal. TEX. R.
APP. P. 26.3. 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). Nevertheless, 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, by more than a year, and appellant’s
motion for extension of time to file the notice of appeal is also untimely; therefore, we lack
jurisdiction over the appeal. Accordingly, we dismiss appellant’s motion and entire cause
for lack of jurisdiction.
JAIME TIJERINA
Justice
Delivered and filed on the
30th day of June, 2022.
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