NUMBER 13-22-00142-CV

COURT OF APPEALS 

THIRTEENTH DISTRICT OF TEXAS 

CORPUS CHRISTI – EDINBURG 

 

DAVID GORDON MAYES, Appellant,

 v. 

HEATHER RENEE SLAGLE F/K/A

HEATHER RENEE MAYES, Appellee.

 

On appeal from the 220th District Court 

of Bosque County, Texas.

 

MEMORANDUM OPINION 

Before Justices Benavides, Hinojosa, and Silva

Memorandum Opinion by Justice Silva

This matter is before the Court on appellee’s motion to dismiss and motion for 

sanctions.

1 On July 9, 2021, the trial court ordered Robert R. Flores, former counsel for 

1 This case is before this Court on transfer from the Tenth Court of Appeals in Waco pursuant to a 

docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001.
2

David Mayes, to pay sanctions in the amount of $7,500 to Heather Renee Slagle f/k/a

Heather Renee Mayes. On August 11, 2021, Flores filed a motion seeking to set aside 

the order for sanctions and the trial court denied the motion on March 4, 2022.2 On 

August 27, 2021, the trial court entered an agreed final decree of divorce, which 

reaffirmed the order for sanctions. Appellee sought and received an order for 

enforcement, signed by the trial court on March 4, 2022, which required Flores to pay the 

sanction within fourteen days. Thereafter, Flores filed a notice of appeal on March 8, 

2022.

On April 13, 2022, the Clerk of this Court sent Flores a notice, directing Flores to 

demonstrate that this Court had jurisdiction of his appeal within ten days. Flores has failed 

to respond to our letter. On May 6, 2022, appellee filed a motion to dismiss the appeal for 

want of jurisdiction and a motion for sanctions. 

Generally, a notice of appeal must be filed within thirty days after a final judgment 

is signed, or if a timely motion for new trial or motion to modify judgment is filed, within 

ninety days after the judgment is signed. See TEX. R. APP. P. 26.1(a); Bison Bldg. 

Materials, Ltd. v. Aldridge, 422 S.W.3d 582, 585 (Tex. 2012) (“Unless specifically 

authorized by statute, Texas appellate courts only have jurisdiction to review final 

judgments.” (citing TEX. CIV. PRAC. & REM. CODE ANN. § 51.014)). “Generally, an order 

made for the purpose of carrying into effect an already-entered judgment is not a final 

judgment or decree and cannot be appealed as such.” Kennedy v. Hudnall, 249 S.W.3d 

2 According to appellee, on October 22, 2021, a hearing was set on Flores’s motion to set aside 

the order for sanctions, but Flores was unable to appear. Flores did not reset the hearing.
3

520, 523 (Tex. App.—Texarkana 2008, no pet.). “If the order is not an appealable one, 

jurisdiction does not attach in the court of appeals.” Id.

The trial court’s March 4, 2022 order is not a final appealable order. See id. The 

time to file a notice of appeal from the final appealable order has long-since passed. See

TEX. R. APP. P. 26.1. As such, this Court is without jurisdiction to entertain Flores’s appeal 

from it. Having not responded to our directive to demonstrate this Court’s jurisdiction over 

the order in question, we grant appellee’s motion to dismiss this appeal for want of 

jurisdiction. See id., R. 42.3(a), (c). Appellee’s motion for sanctions is denied.

CLARISSA SILVA

Justice

Delivered and filed on the

9th day of June, 2022.