The Texas Court of Appeals has dismissed an appeal filed by Amber Nicole Perez against Matthew W. Bobo, PLLC, and others, citing a lack of jurisdiction. This ruling affects Perez's ability to challenge a lower court's decision regarding her case. The court's decision underscores the importance of having a final, appealable order in order to proceed with an appeal.
The case, identified by docket number 13-26-00603-CV, revolves around an order that was granted to the defendants, which Perez sought to contest. The dismissal highlights a critical aspect of the appeals process, where parties must ensure that they are appealing a decision that is legally permissible to review.
Background
Amber Nicole Perez initiated legal action against Matthew W. Bobo, PLLC, along with Matthew W. Bobo and Katy L. Hart. The dispute arose from a motion to dismiss that the defendants filed, which the lower court granted on August 25, 2026. Following this decision, Perez filed a notice of appeal on August 26, 2026, seeking to challenge the dismissal.
The appeal reached the Texas Court of Appeals, where the justices reviewed the circumstances surrounding the case. The court examined whether there was a final, appealable order or any interlocutory order that could allow for an appeal. The court's role was to determine if they had the jurisdiction to hear Perez's appeal based on the legal criteria for such cases.
The Ruling
The Texas Court of Appeals, led by Chief Justice Jaime Tijerina, ruled that there was no final, appealable order in the case. The court stated, "Absent an appealable interlocutory order or final judgment, this Court has no jurisdiction over this appeal." This ruling was based on the Texas Rule of Appellate Procedure 42.3(a), which allows for dismissal of an appeal when there is a lack of jurisdiction.
The court granted the appellees' motion to dismiss the appeal, concluding that the appeal should be dismissed for want of jurisdiction. Additionally, the court denied Perez's motion to determine the cost of preparation of the clerk’s record as moot, given the dismissal of the appeal.
Impact
This ruling has significant implications for Amber Nicole Perez and her legal options moving forward. By dismissing the appeal, the court effectively prevents Perez from contesting the lower court's decision at this time. This outcome emphasizes the necessity for appellants to ensure that their appeals are based on valid and appealable orders.
The dismissal also serves as a reminder to other litigants about the importance of understanding the appeals process and the requirements for jurisdiction. Without a final judgment or an appealable interlocutory order, parties may find themselves unable to pursue their cases in higher courts.
What's Next
Details were not available in the court filing regarding whether Perez plans to appeal this decision further or if there are related cases pending. However, it is possible for her to seek other legal avenues to address her concerns regarding the initial dismissal in the lower court.