in the Interest of K.C.F. and M.C.F., Children
This text of in the Interest of K.C.F. and M.C.F., Children (in the Interest of K.C.F. and M.C.F., 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.
Opinion
Order entered July 1, 2022
In The Court of Appeals Fifth District of Texas at Dallas
No. 05-22-00509-CV
IN THE INTEREST OF K.C.F. AND M.C.F., CHILDREN
On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-12943-V
ORDER
We questioned our jurisdiction over this appeal as it appeared to have been
prematurely filed. The notice of appeal was filed May 25, 2022, but while the trial
court appeared to have orally rendered judgment on April 26, 2022, no written
judgment had been signed as of June 2, 2022. Accordingly, we directed appellant
to file a letter brief by June 24, 2022 showing cause why the appeal should not be
dismissed. See TEX. R. APP. P. 26.1 (deadline for filing notice of appeal runs from
date judgment is signed); Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex.
1995) (per curiam) (same). Rather than filing the requested letter brief, appellant filed a new notice of
appeal asserting a final judgment had been signed on June 3, 2022. That appeal is
docketed as appellate cause number 05-22-00625-CV.
Because a final judgment has now been signed, it appears we have
jurisdiction over this appeal and appellate cause number 05-22-00625-CV, as
duplicative of this appeal, is CONSOLIDATED into this appeal. We DIRECT
the Clerk of the Court to transfer all documents from appellate cause number 05-
22-00625-CV into this appeal. For administrative purposes, appellate cause
number 05-22-00625-CV is treated as a closed case.
The clerk’s record that has been filed in this appeal needs to be
supplemented with a copy of the judgment. Accordingly, we ORDER Dallas
County District Clerk to file, no later than July 8, 2022, a supplemental clerk’s
record containing a copy of the June 3, 2022 final judgment. The supplemental
record shall also contain any additional documents requested by the parties not
already included in the clerk’s record.
Having suspended the deadline for filing the reporter’s record pending
determination of our jurisdiction, we ORDER Donna Kindle, Official Court
Reporter for the 303rd Judicial District Court, to file the record no later than July
11, 2022. We DENY as moot Ms. Kindle’s June 4, 2022 request for an extension
of time to file the record. We DIRECT the Clerk of the Court to send a copy of this order to Ms.
Pitre, Ms. Kindle, and the parties.
/s/ LESLIE OSBORNE JUSTICE
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