in the Interest of K.R.K.- L. H.

• Court: Court of Appeals of Texas
• Decided: December 30, 2021
• Docket: 09-21-00359-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-21-00359-CV __________________

IN THE INTEREST OF K.R.K.-L. H.

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On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. CV2016063 __________________________________________________________________

MEMORANDUM OPINION

On November 9, 2021, appellant L.H. filed a notice of appeal from a proposed

order of termination signed by an associate judge on October 20, 2021. Appellant

also filed a request for a de novo hearing by the referring court. On December 8,

2021, the Texas Department of Family and Protective Services filed a motion to

dismiss the appeal for lack of jurisdiction because the referring court has not signed

a final order. In response, L.H. concedes the termination order is interlocutory

because the referring court has not held the de novo hearing.

1 When a party timely files a request for a de novo hearing and nothing in the

record indicates that the appellant waived the right to a de novo hearing, the associate

judge’s ruling is not a final judgment. See C.A. v. Tex. Dep’t of Family & Protective

Servs., No. 03-20-00158-CV, 2020 WL 4929786, at *1 (Tex. App.—Austin Aug.

18, 2020, no pet.) (mem. op.). We grant the Department’s motion to dismiss and

dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on December 29, 2021 Opinion Delivered December 30, 2021

Before Golemon, C.J., Horton and Johnson, JJ.