in the Interest of J.L.W., Children

Court of Appeals of Texas

in the Interest of J.L.W., Children

DecidedApril 27, 2021

Docket04-21-00141-CV

StatusPublished

This text of in the Interest of J.L.W., Children (in the Interest of J.L.W., Children) 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.

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in the Interest of J.L.W., Children, (Tex. Ct. App. 2021).

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Fourth Court of Appeals San Antonio, Texas April 27, 2021

No. 04-21-00141-CV

IN THE INTEREST OF J.L.W., CHILDREN,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2020-PA-01086 Honorable Charles E. Montemayor, Judge Presiding

ORDER

On April 13, 2021, appellant filed a notice of appeal stating her intent to appeal a final decree of termination signed “on or about March 15, 2021.” The clerk’s record was filed on April 26, 2021. Although the clerk’s record contains the judge’s notes, the clerk’s record did not contain an 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.) (noting judge’s notes do not constitute a final order) (mem. op.). In response to this court’s inquiry, the trial court clerk confirmed the trial court has not signed a final 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 has been entered in the underlying case, appellant is ORDERED to show cause in writing no later than May 7, 2021 why this appeal should not be dismissed for lack of jurisdiction.

_________________________________ Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of April, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas April 27, 2021

No. 04-21-00141-CV

IN THE INTEREST OF J.L.W., CHILDREN,

From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2020-PA-01086 Honorable Charles E. Montemayor, Judge Presiding

ORDER

On April 13, 2021, appellant filed a notice of appeal stating her intent to appeal a final decree of termination signed “on or about March 15, 2021.” The clerk’s record was filed on April 26, 2021. Although the clerk’s record contains the judge’s notes, the clerk’s record did not contain an 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.) (noting judge’s notes do not constitute a final order) (mem. op.). In response to this court’s inquiry, the trial court clerk confirmed the trial court has not signed a final 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 has been entered in the underlying case, appellant is ORDERED to show cause in writing no later than May 7, 2021 why this appeal should not be dismissed for lack of jurisdiction.

_________________________________ Lori I. Valenzuela, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 27th day of April, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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