In the Matter of the Marriage of Malaki Polite Hawkins and Hale Horley Hawkins

Summary

The Thirteenth Court of Appeals of Texas dismissed an appeal from a divorce decree for want of jurisdiction. The court held that the appellant's notice of appeal and motion for extension of time were not timely under Texas Rule of Appellate Procedure 26.3.

Holdings

1. A party seeking an extension under Texas Rule of Appellate Procedure 26.3 must file both the notice of appeal and a compliant motion for extension within fifteen days after the notice-of-appeal deadline; filing the notice within the grace period alone is insufficient.
2. The court lacked jurisdiction over the appeal because appellant's notice of appeal and subsequent motion for extension of time did not satisfy the requirements of Rule 26.3.

Questions Presented

1. Whether the appellate court could grant an extension of time to file the notice of appeal when the notice was filed within the fifteen-day grace period but the motion for extension was filed after that period expired.
2. Whether the court had jurisdiction over the appeal and the pending motions.

Disposition

dismissed