Andrew T. Reed v. Patty Carrion, Individually, Eddy Martinez, Individually, Dr. Raul Marquez, Individually and D/B/A Orthopedic Surgery Center Sports Medicine ( 2021 )

NUMBER 13-21-00140-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
____________________________________________________________
ANDREW T. REED, Appellant,
v.
PATTY CARRION, INDIVIDUALLY,
EDDY MARTINEZ, INDIVIDUALLY,
DR. RAUL MARQUEZ, INDIVIDUALLY
AND D/B/A ORTHOPEDIC SURGERY
CENTER SPORTS MEDICINE, Appellees.
____________________________________________________________
On appeal from County Court at Law No. 7
of Hidalgo County, Texas.
____________________________________________________________
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Silva
Memorandum Opinion by Justice Silva
This cause is before the Court on appellant’s motion for extension of appellate
deadline. On May 4, 2021, appellant filed a notice attempting to appeal the trial court’s
Order Granting Dismissal and Attorney Fees, signed on January 20, 2021. We now
dismiss this appeal for lack of jurisdiction.
An appeal taken from a dismissal in such a case shall be accelerated. See TEX.
CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (Vernon 2008). To perfect an accelerated
appeal, the party is required to file a notice of appeal “within 20 days after the judgment
or order is signed.” Id. at R. 26.1(b). The filing of a motion for new trial, request for
findings of fact and conclusions of law, or any other post-judgment motion, except for a
motion for extension of time filed under Texas Rule of Appellate Procedure 26.3, “will not
extend the time to perfect an accelerated appeal.” Id. at R. 26.3, 28.1(b).
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; therefore, we lack jurisdiction
over the appeal. Accordingly, we dismiss the appeal and appellant’s motion for extension
of appellate deadline for want of jurisdiction.
CLARISSA SILVA
Justice
Delivered and filed on the
29th day of July, 2021.
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