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·Decided April 29, 2020·No. 04-20-00135-CV·Published

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

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

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: April 29, 2020 DISMISSED FOR WANT OF JURISDICTION On February 27, 2020, the trial court signed an interlocutory order terminating Appellant’s rights to her children. On March 3, 2020, Appellant Mom 1 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); accord In re D.M.B., 467 S.W.3d 100, 102 (Tex. App.—San Antonio 2015, pet. denied). 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).

1 We use aliases for Appellant and the children. See TEX. FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b).

04-20-00135-CV

On March 19, 2020, we advised Appellant that “[t]here 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 ordered Appellant to show cause in writing by March 30, 2020, why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). We warned Appellant that if she did not timely file written proof as ordered, this appeal would be dismissed without further notice. See id.

To date, Appellant has not filed any response to our March 19, 2020 order. Because the trial court’s February 27, 2020 order is not a final, appealable order, we dismiss this appeal for want of jurisdiction.

PER CURIAM

Free access — add to your briefcase to read the full text and ask questions with AI

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).

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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lehmann v. Har-Con Corp.
39 S.W.3d 191 (Texas Supreme Court, 2001)
In the Interest of D.M.B.
467 S.W.3d 100 (Court of Appeals of Texas, 2015)