Opinion
04-23-00721-CV
11-01-2023
Robert PEREZ and Ramiro Perez, Jr., Appellants v. Mauro BERLANGA, Appellee
From the 49th Judicial District Court, Webb County, Texas Trial Court No. 2022CVG001601-D1 Honorable Jose A. Lopez, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice.
On May 2, 2023, an associate judge for the 49th Judicial District Court signed a "final judgment."
On May 5, 2023, Appellants, Robert Perez and Ramiro Perez, Jr. (referred to as "Robert and Ramiro"), filed a notice of appeal of the associate judge's decision and a request for a de novo hearing under Section 54A.112 of the Texas Government Code.
On June 29, 2023, Appellee, Mauro Berlanga, filed an objection to Robert and Ramiro's request for a de novo hearing. Berlanga, referencing Section 54A.115(e) of the Texas Government Code, argued that the de novo hearing must have been held on or before Sunday, June 4, 2023. See Tex. Gov't Code Ann. § 54A.115(e) ("The referring court, after notice to the parties, shall hold a de novo hearing not later than the 30th day after the date the initial request for a de novo hearing was filed with the clerk of the referring court."); but see, Tex.R.Civ.P. 4 ("The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.").
Section 54A.115(e) of the Texas Government Code provides that "[t]he referring court, after notice to the parties, shall hold a de novo hearing not later than the 30th day after the date the initial request for a de novo hearing was filed with the clerk of the referring court." Tex. Gov't Code Ann. § 54A.15(e).
On August 3, 2023, the presiding judge of 49th Judicial District Court signed an order that, among other things, denied Robert and Ramiro's "Appeal of Associate Judge's Decision and De Novo Hearing."
On August 4, 2023, Robert and Ramiro filed a notice of appeal with the district clerk. Robert and Ramiro's notice of appeal complains about the trial court's August 3, 2023 order.
On September 21, 2023, Berlanga filed a motion to dismiss Robert and Ramiro's appeal for lack of jurisdiction. Berlanga's motion references Section 54A.117 of the Texas Government Code, which provides:
(a) Not later than the 30th day after the date an action is taken by an associate judge, a referring court may modify, correct, reject, reverse, or recommit for further information the action taken by the associate judge.
(b) If the court does not modify, correct, reject, reverse, or recommit an action to the associate judge, the action becomes the decree of the court.Tex. Gov't Code Ann. § 54A.117. Berlanga argues that the associate judge's May 2, 2023, "final judgment" became "the decree of the 49th District Court on June 1, 2023, the 30th day after May 2, 2023." Berlanga further argues the deadline for Perez to have filed his notice of appeal was on Monday July 3 2023.
The thirtieth day fell on Saturday, July 1, 2023. See Tex. R. App. P. 4.1(a).
Because it appears that Robert and Ramiro filed an untimely notice of appeal, Robert and Ramiro are ORDERED to show cause in writing on or before November 16, 2023 why this appeal should not be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a), 43 2(f). Berlanga may file a response, if any, on or before November 27, 2023.
All other appellate deadlines are SUSPENDED pending further order of this court. Appellee's motion to dismiss for lack of jurisdiction remains pending before the court.