in the Interest of J.O.H., R.F.B., H.R., J.J.R., and M.L.D.L., Children

Court of Appeals of Texas

in the Interest of J.O.H., R.F.B., H.R., J.J.R., and M.L.D.L., Children

DecidedMarch 19, 2020

Docket04-20-00135-CV

StatusPublished

This text of in the Interest of J.O.H., R.F.B., H.R., J.J.R., and M.L.D.L., Children (in the Interest of J.O.H., R.F.B., H.R., J.J.R., and M.L.D.L., 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.O.H., R.F.B., H.R., J.J.R., and M.L.D.L., Children, (Tex. Ct. App. 2020).

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Opinion

Fourth Court of Appeals San Antonio, Texas March 19, 2020

No. 04-20-00135-CV

IN THE INTEREST OF J.O.H., R.F.B., H.R., J.J.R., and M.L.D.L., Children,

From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2019-PA-00260 Honorable Charles E. Montemayor, Judge Presiding

ORDER

On February 27, 2020, the trial court signed an interlocutory order terminating Appellant’s rights to her children. On March 3, 2020, Appellant Mom filed a notice of appeal. The Texas Family Code authorizes appeal of a final order terminating a parent’s rights to their child in accordance with “the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure.” TEX. FAM. CODE ANN. § 263.405(a). Generally, “an appeal may be taken only from a final judgment. A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record, except as necessary to carry out the decree.” Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). “There is no provision for interlocutory appeal of an order denying a termination petition; we do not have jurisdiction over such interlocutory orders.” In re C.M., No. 01-15-00830-CV, 2016 WL 1054589, at *5 (Tex. App.—Houston [1st Dist.] Mar. 17, 2016, no pet.) (mem. op.) (citing TEX. CIV. PRAC. & REM. CODE ANN. § 51.014). We ORDER Appellant to show cause within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). If Appellant does not timely file written proof as ordered, this appeal will be dismissed without further notice. See id. All other appellate deadlines are SUSPENDED pending further order of this court. _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of March, 2020.

___________________________________ Michael A. Cruz, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas March 19, 2020

No. 04-20-00135-CV

IN THE INTEREST OF J.O.H., R.F.B., H.R., J.J.R., and M.L.D.L., Children,

From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2019-PA-00260 Honorable Charles E. Montemayor, Judge Presiding

ORDER

On February 27, 2020, the trial court signed an interlocutory order terminating Appellant’s rights to her children. On March 3, 2020, Appellant Mom filed a notice of appeal. The Texas Family Code authorizes appeal of a final order terminating a parent’s rights to their child in accordance with “the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure.” TEX. FAM. CODE ANN. § 263.405(a). Generally, “an appeal may be taken only from a final judgment. A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record, except as necessary to carry out the decree.” Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). “There is no provision for interlocutory appeal of an order denying a termination petition; we do not have jurisdiction over such interlocutory orders.” In re C.M., No. 01-15-00830-CV, 2016 WL 1054589, at *5 (Tex. App.—Houston [1st Dist.] Mar. 17, 2016, no pet.) (mem. op.) (citing TEX. CIV. PRAC. & REM. CODE ANN. § 51.014). We ORDER Appellant to show cause within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). If Appellant does not timely file written proof as ordered, this appeal will be dismissed without further notice. See id. All other appellate deadlines are SUSPENDED pending further order of this court. _________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of March, 2020.

___________________________________ Michael A. Cruz, Clerk of Court

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