in the Interest of J.M.C. and R.T.C.

Court of Appeals of Texas·Decided June 25, 2019·No. 14-19-00217-CV·Published

Opinion

Memorandum Opinion filed June 13, 2019 Withdrawn, Appeal Reinstated, and Order filed June 25, 2019.

In The

Fourteenth Court of Appeals ____________

NO. 14-19-00217-CV ____________

IN THE INTEREST OF J.M.C. AND R.T.C.

On Appeal from the 245th District Court Harris County, Texas Trial Court Cause No. 2018-26598

ORDER

On June 13, 2019, this court issued an opinion dismissing this appeal for want of prosecution because appellant had not made payment arrangements for the clerk’s record. After this court’s opinion issued, the district clerk filed the clerk’s record with this court.

This court’s opinion filed June 13, 2019 is withdrawn, and our judgment of that date is vacated. The appeal is ordered reinstated. According to the clerk’s record, the judgment appellant seeks to appeal was signed by an associate judge. This court has jurisdiction to consider an appeal from a final order rendered under the Family Code. See Tex. Fam. Code Ann. § 109.002(b). Associate judges do not have the power to render final judgment outside the context of certain limited exceptions listed in section 201.007 of the Family Code. See Tex. Fam. Code Ann. § 201.007(a)(14) (listing orders that associate judges may render and sign). The record filed with court does not reflect any of the exceptions listed in section 201.007.

The appeal will be dismissed for want of jurisdiction unless any party files a response within ten days of the date of this order, showing meritorious grounds for continuing the appeal.

PER CURIAM

Panel Consists of Justices Christopher, Bourliot, and Zimmerer.

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in the Interest of J.M.C. and R.T.C., (Tex. Ct. App. 2019).

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Related

§ 109.002
Texas FA § 109.002(b)
§ 201.007
Texas FA § 201.007(a)(14)