Opinion
No. 08-15-00071-CV
08-13-2015
TANDA STRINGFELLOW, Appellant, v. JEFFREY SHANE STRINGFELLOW, Appellee.
Appeal from the 235 District Court of Cooke County, Texas (TC# 13-00403) ORDER
On July 27, 2015, Appellee filed his brief responding to the sole issue raised by Appellant's brief. Appellee's brief also raises three cross-points which seek to alter the final decree of divorce on different grounds than the issue raised by Appellant. It is undisputed that Appellee did not file a notice of appeal. At the Court's request, the parties have filed letter briefs addressing whether the Court has jurisdiction to consider Appellee's cross-points.
Rule 25.1(c) provides that any party who seeks to alter the trial court's judgment must file a notice of appeal. TEX.R.APP.P. 25.1(c). The appellate court may not grant a party who does not file a notice of appeal more favorable relief than did the trial court except for just cause. Id. Because Appellee did not file a notice of appeal, we do not have jurisdiction to consider Appellee's cross-points which seek to alter the trial court's judgment. See Texas Board of Chiropractic Examiners v. Texas Med. Association, 375 S.W.3d 464, 491-92 (Tex.App.--Austin 2012, pet. denied) (appellate court lacked jurisdiction to consider appellee's cross-point seeking to alter the trial court's judgment because appellee had failed to file separate notice of appeal). Appellee's cross-points are dismissed.
IT IS SO ORDERED this 13 day of August, 2015.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.