In the Interest of K.O. and K.Q., Children v. the State of Texas
This text of In the Interest of K.O. and K.Q., Children v. the State of Texas (In the Interest of K.O. and K.Q., Children v. the State of Texas) 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
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-23-00440-CV
IN THE INTEREST OF K.Q. AND K.O., CHILDREN
On Appeal from the County Court at Law No. 2 Randall County, Texas Trial Court No. 82392-L2, Honorable Matthew C. Martindale, Presiding
January 23, 2024 ORDER OF ABATEMENT AND REMAND Before PARKER and DOSS and YARBROUGH, JJ.
Appellant, M.Q., appeals from the trial court’s order terminating her parental rights
to her children, K.Q. and K.O.1 The final hearing in this matter was held before associate
judge, the Honorable Jack Graham, on November 13, 2023. Following the hearing, M.Q.
timely filed a request for de novo review. Judge Graham signed the Order of Termination
on November 21, 2023. However, on November 28, 2023, prior to a de novo hearing, the
referring court judge, the Honorable Matthew C. Martindale, also signed the Order of
Termination. It is unclear from the record whether the referring court intended to adopt
1 To protect the privacy of the parties involved, we refer to them by their initials. See TEX. FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b). the Order of Termination as the final order on November 28, 2023. See TEX. FAM. CODE
ANN. §§ 201.014, 201.015, 201.2041 (concerning a referring court’s action on an
associate judge’s order). Nonetheless, M.Q. filed a notice of appeal on November 30,
2023. While the appeal was pending, a de novo hearing was held on January 3 and 4,
2024, before the Honorable Dan L. Schaap, sitting by assignment. Judge Schaap signed
an Order of Termination Following De Novo Hearing on January 10, 2024.
Because we are unable to determine whether the referring court intended to sign
a final order prior to the de novo hearing, we abate the appeal and remand the cause to
the trial court for further proceedings. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,
206 (Tex. 2001) (“If the appellate court is uncertain about the intent of the order, it can
abate the appeal to permit clarification by the trial court.”). On remand, the referring court
shall enter findings clarifying whether it intended the Order of Termination signed on
November 28, 2023, to be its final order. Due to the time-sensitive nature of an appeal
from a parental termination order, the trial court shall cause a supplemental clerk’s record
including its findings on the matter to be filed with the Clerk of this Court by February 2,
2024. All appellate deadlines, including the deadline to file Appellant’s brief, are
suspended until reinstatement of the appeal.
Per Curiam
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
In the Interest of K.O. and K.Q., Children v. the State of Texas, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ko-and-kq-children-v-the-state-of-texas-texapp-2024.