LexyCorpus case page
CourtListener opinion 10844884
Date unknown · US
- Extracted case name
- pending
- Extracted reporter citation
- 959 S.W.2d 615
- Docket / number
- pending
Machine-draft headnote
Machine-draft public headnote: CourtListener opinion 10844884 is included in the LexyCorpus QDRO sample set as a public CourtListener opinion with relevance to QDRO procedure / domestic relations order issues. The current annotation is conservative: it identifies source provenance, relevance signals, and evidence quotes for attorney/agent retrieval. It is not a Willie-approved legal headnote yet.
Retrieval annotation
Draft retrieval summary: this opinion has QDRO relevance score 5/5, retirement-division score 2/5, and family-law score 5/5. Use the quoted text and full opinion below before relying on the case.
Category: QDRO procedure / domestic relations order issues
Evidence quotes
QDRO“YS COUNTY NO. 12-2533, THE HONORABLE KARL HAYS, JUDGE PRESIDING MEMORANDUM OPINION On January 13, 2025, David Fountain attempted an appeal from the district court's "Final Order Clarifying Final Decree of Divorce and Order Authorizing the Issuance of a Qualified Domestic Relations Order" and "Qualified Domestic Relations Order," both signed on September 3, 2024. After the orders were signed, Fountain timely filed a motion for new trial, which extended the deadline for filing a notice of appeal to December 2, 2024. See Tex. R. App. 26.1(a)(1). The clerk of this Court sent a letter to Fountain's counsel questioning jurisdiction over this”
domestic relations order“NO. 12-2533, THE HONORABLE KARL HAYS, JUDGE PRESIDING MEMORANDUM OPINION On January 13, 2025, David Fountain attempted an appeal from the district court's "Final Order Clarifying Final Decree of Divorce and Order Authorizing the Issuance of a Qualified Domestic Relations Order" and "Qualified Domestic Relations Order," both signed on September 3, 2024. After the orders were signed, Fountain timely filed a motion for new trial, which extended the deadline for filing a notice of appeal to December 2, 2024. See Tex. R. App. 26.1(a)(1). The clerk of this Court sent a letter to Fountain's counsel questioning jurisdiction over this”
Source and provenance
- Source type
- courtlistener_qdro_opinion_full_text
- Permissions posture
- public
- Generated status
- machine draft public v0
- Review status
- gold label pending
- Jurisdiction metadata
- US
- Deterministic extraction
- reporter: 959 S.W.2d 615
- Generated at
- May 14, 2026
Related public corpus pages
Deterministic links based on shared title/citation terms and QDRO / retirement / family-law retrieval scores.
Clean opinion text
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-25-00019-CV David Fountain, Appellant v. Rebekah Ross, Appellee FROM THE 22ND DISTRICT COURT OF HAYS COUNTY NO. 12-2533, THE HONORABLE KARL HAYS, JUDGE PRESIDING MEMORANDUM OPINION On January 13, 2025, David Fountain attempted an appeal from the district court's "Final Order Clarifying Final Decree of Divorce and Order Authorizing the Issuance of a Qualified Domestic Relations Order" and "Qualified Domestic Relations Order," both signed on September 3, 2024. After the orders were signed, Fountain timely filed a motion for new trial, which extended the deadline for filing a notice of appeal to December 2, 2024. See Tex. R. App. 26.1(a)(1). The clerk of this Court sent a letter to Fountain's counsel questioning jurisdiction over this appeal and requesting that he provide proof of timely filing of a notice of appeal or risk dismissal of this appeal for want of jurisdiction. See id. R. 42.3(a). No response was filed. Once the time for filing a notice of appeal and seeking an extension of time to file the notice of appeal have expired, a party cannot invoke an appellate court's jurisdiction. See Verburgt v. Dorner, 959 S.W.2d 615, 617 (Tex. 1997). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that timely notice of appeal is jurisdictional). __________________________________________ Karin Crump, Justice Before Justices Triana, Theofanis, and Crump Dismissed for Want of Jurisdiction Filed: April 10, 2025 2