in the Interest of A.S., a Child

Court of Appeals of Texas·Decided February 13, 2020·No. 07-20-00076-CV·Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-20-00076-CV

IN THE INTEREST OF A.S., A CHILD

On Appeal from the 108th District Court Potter County, Texas Trial Court No. 88,531-E, Honorable Carry A. Baker, Associate Judge Presiding

February 13, 2020

ORDER OF ABATEMENT AND REMAND Before QUINN, C.J., and PARKER and DOSS, JJ.

Appellant, Mother, appeals from the trial court’s order terminating her parental

rights to her child, A.S.1 The order of termination appears to contain a clerical error. The

order indicates that the case was heard on December 2, 2019, but states that the

associate judge signed the order on February 6, 2019. Based on this signature date,

appellant’s notice of appeal appears to have been filed untimely. TEX. R. APP. P. 26.1(b).

Accordingly, we abate the appeal and remand the cause to the trial court to

determine whether the signature date of the order is correct. If the trial court determines

1 To protect the privacy of the parties involved, we will refer to the appellant as “Mother” and to the child by her initials. See TEX. FAM. CODE ANN. § 109.002(d) (West Supp. 2019); TEX. R. APP. P. 9.8(b). that the order states the incorrect date of signature, it shall enter a judgment nunc pro

tunc reflecting the correct date. The trial court shall cause any judgment nunc pro tunc

to be included in a clerk’s record and cause that record to be filed with the Clerk of this

Court by February 18, 2020.

It is so ordered.

Per Curiam

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Related

§ 109.002
Texas FA § 109.002(d)