in the Interest of A.M.S. Children

Court of Appeals of Texas·Decided November 28, 2018·No. 04-18-00756-CV·Published

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-18-00756-CV

IN THE INTEREST OF A.M.S., et al., Children

From the 288th Judicial District Court, Bexar County, Texas Trial Court No. 2017-PA-01328 Honorable Renée Yanta, Judge Presiding

PER CURIAM

Sitting: Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice

Delivered and Filed: November 28, 2018 DISMISSED FOR LACK OF JURISDICTION On September 11, 2018, appellant filed her notice of appeal. The clerk’s record was filed on September 20, 2018. Although the clerk’s record contains the judge’s notes stating appellant’s parental rights are terminated, it does not contain a final order terminating appellant’s parental rights. See In re L.H., No. 04-13-00174-CV, 2013 WL 3804585, at *1 (Tex. App.—San Antonio July 17, 2013, no pet.) (mem. op.) (stating judge’s notes do not constitute final, appealable order). “[A]n appeal may be prosecuted only from a final judgment.” N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966).

Because no final order of termination has been entered in the underlying case, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond. Because the record does not contain a final order of

04-18-00756-CV

termination, we must dismiss this appeal. 1 Accordingly, this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).

PER CURIAM

1 This dismissal does not prevent appellant from later pursuing a timely appeal from a final judgment in this case.

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Related

North East Independent School District v. Aldridge
400 S.W.2d 893 (Texas Supreme Court, 1966)