Estate of Elda M. Villa A/K/A Maria Elda Villa v. the State of Texas ( 2024 )

NUMBER 13-23-00534-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
ESTATE OF ELDA M. VILLA A/K/A MARIA ELDA VILLA, DECEASED.
On appeal from the Probate Court
of Hidalgo County, Texas.
MEMORANDUM OPINION
Before Chief Justice Contreras and Justices Benavides and Tijerina
Memorandum Opinion by Justice Tjierina
On December 4, 2023, appellants Robin Villa and Ruben Villa filed a notice of
appeal from an “Order Granting Motion to Set Aside Admissions” signed on November 7,
2023. On December 7, 2023, the Clerk of this Court notified appellants that it appeared
that they were attempting to appeal an order which is not subject to appeal. The Clerk
requested correction of this defect, if possible, and advised appellants that the appeal
would be dismissed if the defect was not corrected within ten days. See TEX. R. APP. P.
37.1, 42.3(a), (c). Appellants did not respond to the Clerk’s notice.
“Courts are empowered to note potential jurisdictional defects sua sponte,” and by
doing so, a court “discharges its duty to ensure that the court itself is functioning in an
authorized and proper[] judicial capacity.” Hidalgo Cnty. Water Improvement Dist. No. 3
v. Hidalgo Cnty. Irrigation Dist. No. 1, 669 S.W.3d 178, 185 (Tex. 2023) (quoting Rattray
v. City of Brownsville, 662 S.W.3d 860, 867, 869 (Tex. 2023)). Thus, as an appellate
court, we have the obligation to examine our jurisdiction and may do so sua sponte. See
Pike v. Tex. EMC Mgmt., LLC, 610 S.W.3d 763, 774 (Tex. 2020); M.O. Dental Lab v.
Rape, 139 S.W.3d 671, 673 (Tex. 2004) (per curiam). Generally, appeals may be taken
only from final judgments. CPS Energy v. Elec. Reliability Council of Tex., 671 S.W.3d
605, 614 (Tex. 2023); Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
Statutes that specifically authorize interlocutory appeals provide an exception to this
general rule. Bonsmara Nat. Beef Co., LLC v. Hart of Tex. Cattle Feeders, LLC, 603
S.W.3d 385, 390 (Tex. 2020); City of Watauga v. Gordon, 434 S.W.3d 586, 588 (Tex.
2014); see, e.g., TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (listing several interlocutory
orders that may be appealed).
The Court, having examined and fully considered the documents on file and the
applicable law, is of the opinion that we lack jurisdiction over this appeal. Appellants have
not shown that they are appealing from a final judgment or that their appeal is otherwise
authorized by statute. Accordingly, we dismiss this appeal for lack of jurisdiction. See TEX.
R. APP. P. 42.3(a).
JAIME TIJERINA
Justice
Delivered and filed on the
29th day of February, 2024.
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