In the Interest of J.Z.P.
Cases that cite this one
45 later published cases cite this decision. The 25 that cite it most often are listed here.
- in the Interest of E.D., a Child (Tex. App. 2018)
- FMO Media LLC v. Clarity Mortgage LLC (Tex. App. 2023)
- in the Interest of J.Z.P. and J.Z.P., Minor Children (Tex. App. 2016)
- In re State Farm Mutual Automobile Insurance Company v. the State of Texas (Texas Court of Appeals, 13th District 2025)
- In re State Farm Mutual Automobile Insurance Company v. the State of Texas (Tex. App. 2025)
- AIM Media Texas, LLC D/B/A the Odessa American v. City of Odessa, Texas (Tex. App. 2023)
- In the Interest of A. H. S. and A. Y. S., Children v. the State of Texas (Tex. App. 2023)
- Alfonso M. Prado, M.D., Miguel A. DeLeon, M.D., Euming Chong, M.D., Jie Guo, M.D., Vallier C. Ojadi, M.D., and Neonatology Consultants of Corpus Christi, PLLC v. Felix Moya and Serena Lee Barragan, Individually and as Next Friend of X.X., a Minor (Tex. App. 2021)
- in the Interest of C.C.E., Jr., a Child (Tex. App. 2021)
- In re the Estate of Verma L. Williford, Relator v. the State of Texas (Tex. App. 2025)
- Texas State Technical College System v. Ted H. Donavan (Tex. App. 2025)
- Maha Mansoor v. University of Texas at Austin (Texas Court of Appeals, 3rd District (Austin) 2025)
- Georganne Gasaway Durrill v. William Robert Anderson III and Anderson, Lehrman, Barre, Maraist, LLP (Tex. App. 2024)
- Claudia A. Brady v. Gregory A. Brady and One Network Enterprises, Inc. (Tex. App. 2024)
- In the Matter of M.A.C.S-C. v. the State of Texas (Tex. App. 2024)
- Oscar Renda Contracting, Inc. v. Theodis Bruce, Maria Bruce, Virginia Cordova, Sergio Cordova, Victor Corral, Jose Dominguez, Magdalena Juarez, Bernarda Lopez, Elisa Negrete, Maria Reyes, Luis Velazquez, Jose Valdez, Antonio Salgado, Maria Salgado, and Iris Jordan (Tex. 2024)
- Tracy Sahualla and Pam Sahualla v. CNH Industrial America, LLC and Trinity Valley Tractors, Inc. (Tex. App. 2024)
- True Temper Sports, Inc. v. David Kelly (Tex. App. 2024)
- In re Ronald Dean Strickland v. the State of Texas (Tex. App. 2024)
- Marcia Slack v. Robert Charles Shreve, Jr. (Tex. App. 2024)
- Unitedhealthcare Insurance Company Unitedhealthcare of Texas, Inc. v. Acs Primary Care Physicians Southwest, P.A. Hill County Emergency Medical Associates, P.A. Longhorn Emergency Medical Associates, P.A. Central Texas Emergency Associates, P.A. Emergency Associates of Central Texas, P.A. Emergency Services of Texas, P.A. (Tex. 2023)
- In the Matter of D. M. v. the State of Texas (Tex. App. 2023)
- Spoon Ranch Family Limited Partnership and DDMP, LLC v. Atmos Energy Corporation (Tex. App. 2023)
- Olga Rivkin and Crystal Investment Property, LLC v. Ahmed Elgalad (Tex. App. 2022)
- the Raymond Corporation v. Guillermina Rubio, Individually and on Behalf of the Estate of Lorenzo Rubio Sr., Lorenzo Rubio Jr., Liliana Rubio, and Elizabeth Rubio (Tex. App. 2022)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Vicky De La Cruz and Josué Pena divorced in Amarillo in 2009. The decree gave De La Cruz the exclusive right to determine the primary residence of the couple’s two sons, then ages 8 and 6, and ordered Pena to pay $586.56 in monthly child support. In 2013, after De La Cruz moved with the children to Lubbock for work, Pena moved to modify the divorce decree to obtain the right to determine the children’s residence and to reduce his child support.
Alleging that personal service on De La Cruz had been attempted unsuccessfully at an address supplied by Pena’s counsel, Pena obtained an order allowing alternative service by leaving á copy with anyone over 16 at the same address “or in any other manner that ... evidence before the court shows will be reasonably effective to give [De La Cruz] notice of the suit.” Unable to serve anyone there personally, the process server posted the citation on the door. Two days after the return of service was filed, the trial court granted Pena’s petition to modify, giving him the right to determine the boys’ residence, relieving him of any support obligation, and ordering De La Cruz to pay $251.60 in monthly child support.
The trial court signed its modification order on July 25, 2013. Copies of the order were sent only to Pena and his attorney. On September 20, 2013, 57 days later and after the trial court’s plenary jurisdiction had expired, De La Cruz filed a “Motion to Reopen and to Vacate Order,” stating that neither De La Cruz nor her counsel had been given notice of Pena’s motion to modify and requesting that the matter “be reopened and the Order vacated.” The motion was supported
The court of appeals dismissed De La Cruz’s appeal for. want of jurisdiction, reasoning that De La Cruz’s motion did not extend the trial court’s plenary jurisdiction and post-judgment deadlines to run from the date she received notice of the' trial court’s order because it was not captioned a motion under Rule 306a of the Texas Rules of Civil Procedure. 481 S.W.3d 231 (Tex.App.-Amarillo 2014).
Rule 71 of the Texas Rules of Civil Procedure states: “When a party has mistakenly designated any plea or pleading, the court, if justice so requires, shall treat the plea or pleading as if it had been properly designated.” Tex. R. Crv. P. 71. We have stressed that “courts should acknowledge the substance of the relief sought despite the. formal styling .of the pleading.” Ryland Enter., Inc. v. Weatherspoon, 355 S.W.3d 664, 666 (Tex. 2011) (per curiam); see also State Bar of Tex. v. Heard, 603 S.W.2d 829, 833 (Tex. 1980) (“We look to the substance of a plea for relief to determine the nature of the pleading, not merely at the form of title given to it.”). De La Cruz’s motion plainly requested relief from the trial court’s order on ■ the grounds that she had not been served with citation and had not learned of the trial court’s order until a few days before her motion was filed. Her motion stated that her attorney of record was given no notice of'Pena’s modification petition, and court records reflected that notice of the order was sent only to Pena and his attorney. It is. a fair inference that De La Cruz’s counsel learned of the order no earlier than De La Cruz did. See Am. Flood Research, Inc. v. Jones, 192 S.W.3d 581, 584 (Tex. 2006) (per curiam); see also Nathan A. Watson Co. v. Emp’rs Mut. Cas. Co., 218 S.W.3d 797, 802 (Tex.App.Fort Worth 2007, no pet.). Justice plainly required the trial court and cburt of appeals to treat De La Cruz’s motion as extending post-judgment deadlines. Neither court explained its refusal to do so, Pena has not offered any reason not to do so, and we are unable to discern one. Based on the motion and Pena’s response, De La Cruz was entitled to an extension of the time for appeal. Her notice of appeal was timely filed.
Accordingly, we grant De La Cruz’s petition for review and without hearing oral argument, Tex, R. App. P. 59.1, reverse the judgment of the court of appeals and re
. Specifically, the court stated: "Vicky did not file a Rule 300a motion. Rather, she filed an untimely 'Motion to Reopen and to Vacate Order,' Consequently, no request was made of the trial court to rule on the applicability of Rule 306a.”
. Filed two days after the deadline, De .La Cruz's notice of appeal implied a motion for an extension of time. Hone v. Hanafin, 104 S.W.3d 884, 887 (Tex. 2003) (per curiam) (applying Verburgt v. Dorner, 959 S.W.2d 615, 616-17 (Tex.,1997)), Pena has not challenged that the notice of appeal was timely.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.