in the Interest of J.B.S., Children

• Court: Court of Appeals of Texas
• Decided: November 8, 2018
• Docket: 04-18-00718-CV
• Status: Published

Opinion

Fourth Court of Appeals San Antonio, Texas November 8, 2018

No. 04-18-00718-CV

IN THE INTEREST OF J.B.S. ET AL., CHILDREN,

From the 224th Judicial District Court, Bexar County, Texas Trial Court No. 2016-PA-02879 Honorable Richard Garcia, Judge Presiding

ORDER This is an accelerated appeal concerning the termination of appellant’s parental rights. A copy of the clerk’s record was filed on October 11, 2018 and shows appellant filed a notice of appeal on October 18, 2018 in which she contends she is appealing a “Order of Termination, signed on September 14, 2018.” The clerk’s record, however, does not contain a final order of termination signed by the trial court. Rather, the clerk’s record contains an incomplete “Memorandum of Associate Judge’s Order.” Specifically, pages 2 and 3 of the memorandum appear to be missing. The clerk’s office of this court contacted the district clerk’s office by telephone and left a message, informing the district clerk that the memorandum was incomplete.

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 the Memorandum of Associate Judge’s Order is incomplete, it appears there is no final order of termination in the clerk’s record; thus, 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 November 26, 2018, 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 district 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 8th day of November, 2018.

___________________________________ KEITH E. HOTTLE, Clerk of Court