Unreported / Non-Citable
Background
Hidalgo County filed a notice of appeal seeking review of an August 17, 2026 order denying its motion for reconsideration of the trial court’s denial of a plea to the jurisdiction.
The court of appeals’ clerk notified the County that the challenged order appeared to be unappealable and warned that the appeal would be dismissed unless the defect was cured within ten days. The County neither responded to the notice nor cured the jurisdictional defect.
The Court’s Holding
The Texas Thirteenth Court of Appeals held that the order denying reconsideration was not appealable. Because the court lacked jurisdiction to review that order, the appeal could not proceed.
Acting on its own motion, the court dismissed the appeal for want of jurisdiction under Texas Rule of Appellate Procedure 42.3(a).
Key Takeaways
- An order denying reconsideration of the denial of a plea to the jurisdiction is not itself appealable.
- An appellant must timely address a clerk’s notice identifying a jurisdictional defect.
- The appellate court may dismiss an appeal on its own motion when it lacks jurisdiction.
Why It Matters
The decision underscores that appellate jurisdiction depends on the appealability of the particular order identified in the notice of appeal. A motion for reconsideration does not create appellate jurisdiction when the resulting order is not independently appealable.