in the Interest of K.T.H. v. .

Court of Appeals of Texas

in the Interest of K.T.H. v. .

DecidedAugust 6, 2020

Docket04-20-00339-CV

StatusPublished

This text of in the Interest of K.T.H. v. . (in the Interest of K.T.H. v. .) 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 K.T.H. v. ., (Tex. Ct. App. 2020).

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Fourth Court of Appeals San Antonio, Texas August 6, 2020

No. 04-20-00339-CV

IN THE INTEREST OF K.T.H.

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2019-PA-00533 Honorable Susan D. Reed, Judge Presiding

ORDER The clerk’s record in this case has been filed. It does not contain the signed, written order or judgment that the appellant desires to appeal. In order for this court to have jurisdiction, an appealable order or judgment must be written and signed by the trial court. In re M.R.G., No. 04-17-00623-CV, 2017 WL 4938422, at *1 (Tex. App.—San Antonio Nov. 1, 2017, no pet.) (mem. op.). “An oral ruling, not reduced to writing and signed by the trial court, is not a final or otherwise appealable judgment or order.” Id.; see TEX. R. APP. P. 26.1 (appellate timetable runs from the date the judgment or order is signed); Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam). “A trial court’s oral pronouncement and docket entry are not an acceptable substitute for a written order. Emerald Oaks Hotel/Conf. Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (per curiam) (orig. proceeding).

It therefore appears to the court that the order or judgment appellant desires to appeal is not appealable. We ORDER appellant to show cause in writing to this court within 15 days of this order why this appeal should not be dismissed for lack of jurisdiction. If a supplemental clerk’s record is required to demonstrate our jurisdiction, appellant must (a) ask the trial court clerk to prepare the record, and (b) notify this court that such a request was made. We further order the appellate deadlines suspended until further order of this court. If appellant fails to file a satisfactory response by the date ordered, the appeal will be dismissed.

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of August, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas August 6, 2020

No. 04-20-00339-CV

IN THE INTEREST OF K.T.H.

From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2019-PA-00533 Honorable Susan D. Reed, Judge Presiding

ORDER The clerk’s record in this case has been filed. It does not contain the signed, written order or judgment that the appellant desires to appeal. In order for this court to have jurisdiction, an appealable order or judgment must be written and signed by the trial court. In re M.R.G., No. 04-17-00623-CV, 2017 WL 4938422, at *1 (Tex. App.—San Antonio Nov. 1, 2017, no pet.) (mem. op.). “An oral ruling, not reduced to writing and signed by the trial court, is not a final or otherwise appealable judgment or order.” Id.; see TEX. R. APP. P. 26.1 (appellate timetable runs from the date the judgment or order is signed); Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam). “A trial court’s oral pronouncement and docket entry are not an acceptable substitute for a written order. Emerald Oaks Hotel/Conf. Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (per curiam) (orig. proceeding).

It therefore appears to the court that the order or judgment appellant desires to appeal is not appealable. We ORDER appellant to show cause in writing to this court within 15 days of this order why this appeal should not be dismissed for lack of jurisdiction. If a supplemental clerk’s record is required to demonstrate our jurisdiction, appellant must (a) ask the trial court clerk to prepare the record, and (b) notify this court that such a request was made. We further order the appellate deadlines suspended until further order of this court. If appellant fails to file a satisfactory response by the date ordered, the appeal will be dismissed.

_________________________________ Luz Elena D. Chapa, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of August, 2020.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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