in the Interest of A. T., Children

Court of Appeals of Texas

in the Interest of A. T., Children

DecidedAugust 3, 2017

Docket04-17-00452-CV

StatusPublished

This text of in the Interest of A. T., Children (in the Interest of A. T., Children) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in the Interest of A. T., Children, (Tex. Ct. App. 2017).

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Fourth Court of Appeals San Antonio, Texas August 3, 2017

No. 04-17-00452-CV

IN THE INTEREST OF A. T., CHILDREN,

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2016-PA-01692 Honorable Richard Garcia, Judge Presiding

ORDER

This is an accelerated appeal from a trial court’s order terminating appellant’s parental rights. The clerk’s record was filed on July 21, 2017 and shows appellant filed a notice of appeal on July 17, 2017, in which he contends he is appealing a “final decree of termination, ordered on JULY 10, 2017.” However, the clerk’s record does not include a final order of termination signed by the trial court. The clerk’s office of this court contacted the district clerk’s office by telephone and was advised that no order of termination has been signed.

Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 196 (Tex. 2001). A judgment is final for appellate purposes if it disposes of all pending parties and claims in the record. Id. Because it appears there is no final order of termination in the clerk’s record, it appears there is no final judgment from which appellant may appeal at this time.

Accordingly, we ORDER appellant to file a written response in this court on or before August 18, 2017, showing cause why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See id. R. 42.3(c). If a supplemental clerk’s record is required to establish this court’s jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.

We order the clerk of this court to serve a copy of this order on the trial court, appellant, appellee, and the district clerk. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of August, 2017.

___________________________________ Luz Estrada Chief Deputy Clerk

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Fourth Court of Appeals San Antonio, Texas August 3, 2017

No. 04-17-00452-CV

IN THE INTEREST OF A. T., CHILDREN,

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2016-PA-01692 Honorable Richard Garcia, Judge Presiding

ORDER

This is an accelerated appeal from a trial court’s order terminating appellant’s parental rights. The clerk’s record was filed on July 21, 2017 and shows appellant filed a notice of appeal on July 17, 2017, in which he contends he is appealing a “final decree of termination, ordered on JULY 10, 2017.” However, the clerk’s record does not include a final order of termination signed by the trial court. The clerk’s office of this court contacted the district clerk’s office by telephone and was advised that no order of termination has been signed.

Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 196 (Tex. 2001). A judgment is final for appellate purposes if it disposes of all pending parties and claims in the record. Id. Because it appears there is no final order of termination in the clerk’s record, it appears there is no final judgment from which appellant may appeal at this time.

Accordingly, we ORDER appellant to file a written response in this court on or before August 18, 2017, showing cause why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See id. R. 42.3(c). If a supplemental clerk’s record is required to establish this court’s jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.

We order the clerk of this court to serve a copy of this order on the trial court, appellant, appellee, and the district clerk. _________________________________ Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of August, 2017.

___________________________________ Luz Estrada Chief Deputy Clerk

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