Unreported / Non-Citable
Background
John Charles Daly, Jr. sought to appeal a final divorce decree that the 414th District Court of McLennan County signed on May 7, 2026. He filed his notice of appeal on June 25, 2026. Mattie Gene Daly filed a cross-appeal dated July 1, 2026.
Neither party filed a motion for new trial or another document that would extend the deadline for filing a notice of appeal. On July 6, 2026, the appellate clerk notified both parties that their notices appeared untimely and warned that the appeal and cross-appeal would be dismissed unless they established grounds for continuing the case by July 16. Neither party responded.
The Court’s Holding
The Texas Tenth Court of Appeals dismissed the appeal and cross-appeal for want of jurisdiction. Because no deadline-extending filing had been made, both notices of appeal were untimely.
The court also dismissed the matter for failure to comply with the appellate clerk’s directive. It relied on Texas Rule of Appellate Procedure 42.3(b) and (c), which authorize dismissal for failure to comply with a court notice or directive and for failure to comply with appellate rules.
Key Takeaways
- A notice of appeal from a Texas divorce decree must be filed within the applicable appellate deadline unless a qualifying filing extends that deadline.
- Neither an appeal nor a cross-appeal can proceed when its notice is untimely and no jurisdictional basis for continuing the case is shown.
- Failing to respond to an appellate clerk’s warning about a jurisdictional defect provides an additional ground for dismissal under Rule 42.3.
Why It Matters
The decision underscores that appellate deadlines are jurisdictional and can end an appeal without review of the divorce decree’s merits. Parties must identify any deadline-extending filings and promptly respond when an appellate court questions its jurisdiction.