in the Interest of C.M.M., G.E.M., A.V.M. and B.A.M., Children

Opinion

DISMISS and Opinion Filed December 14, 2022

S In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-22-00993-CV

IN THE INTEREST OF C.M.M., G.E.M., A.V.M. AND B.A.M., CHILDREN

On Appeal from the 254th Judicial District Court Dallas County, Texas

Trial Court Cause No. DF-19-02981

MEMORANDUM OPINION

Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns This appeal was filed prematurely, following the oral rendition of judgment.

See Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam) (deadline for filing notice of appeal runs from date written judgment is signed). Although Texas Rule of Appellate Procedure 27.1 deems a prematurely filed notice of appeal filed on the day of, but after, the date a written judgment is signed, it does not require an appellate court to hold an appeal open until an appealable judgment is signed. See TEX. R. APP. P. 27.1(a); Ganesan v. Reeves, 236 S.W.3d 816, 817 (Tex. App.—Waco 2007, pet. denied). Because nothing before the Court reflected a judgment would be signed imminently, we directed appellant to file a letter brief showing cause why the appeal should not be dismissed for want of jurisdiction. See

Ganesan, 236 S.W.3d at 817. Although we cautioned appellant that failure to comply within ten days could result in the appeal being dismissed without further notice, see TEX. R. APP. P. 42.3(a),(c), appellant has not complied. Accordingly, on the record before us, we dismiss the appeal. See id. 42.3(a).

/Robert D. Burns, III/

ROBERT D. BURNS, III

CHIEF JUSTICE

220993F.P05

3

S

Court of Appeals

Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF C.M.M., On Appeal from the 254th Judicial G.E.M., A.V.M. AND B.A.M., District Court, Dallas County, Texas CHILDREN Trial Court Cause No. DF-19-02981.

Opinion delivered by Chief Justice No. 05-22-00993-CV Burns, Justices Molberg and Pedersen, III participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Jennifer Martin recover her costs, if any, of this appeal from appellant Steve Martin, Jr.

Judgment entered December 14, 2022.