in the Interest of A.B.B., a Child
This text of in the Interest of A.B.B., a Child (in the Interest of A.B.B., a Child) 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.
Opinion
Order entered April 6, 2020
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-20-00319-CV
IN THE INTEREST OF A.B.B., A CHILD
On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-17-00832
ORDER
This is an appeal from the trial court’s February 7, 2020 oral dismissal of
appellant’s bill of review of a prior order terminating her parental rights. The
appeal was filed as an accelerated appeal but is a regular appeal. See In re L.N.M.,
182 S.W.3d 470, 473-74 (Tex. App.—Dallas 2006, no pet.).
Because appellate deadlines run from the signing of a final judgment or
appealable order, not oral rendition, we questioned our jurisdiction over the appeal
and directed appellant to file a letter brief addressing our concern. See TEX. R.
APP. P. 26.1; Martinez v. Humble Sand & Gravel, Inc., 875 S.W.2d 311, 313 (Tex.
1994) (per curiam). Rather than filing a letter brief, appellant has filed a motion to abate the appeal to allow the trial court an opportunity to sign a final judgment.
Appellant states in the motion that counsel for the State of Texas will file a
proposed judgment with the trial court should the motion be granted.
The signing of a judgment after oral rendition is a ministerial act. See Dunn
v. Dunn, 439 S.W.2d 830, 832 (Tex. 1969). Accordingly, we GRANT the motion
and ORDER the trial court to sign a final judgment no later than May 26, 2020.
A supplemental clerk’s record containing a copy of the judgment shall be filed no
later than May 28, 2020.
We DIRECT the Clerk of the Court to send a copy of this order to the
Honorable Cheryl Lee Shannon, Presiding Judge of the 305th Judicial District
Court; Dallas County District Clerk Felicia Pitre; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to comply
with this order. The appeal shall be reinstated no later than June 5, 2020 and is
subject to dismissal without further notice should a final judgment not be signed.
See TEX. R. APP. P. 42.3(a); Martinez, 875 S.W.2d at 313.
/s/ ROBERT D. BURNS, III CHIEF JUSTICE
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