in the Interest of L.B., a Child

Opinion

Order entered January 10, 2013 00007S

In The

No. 05-13-00021-CV

IN THE INTEREST OF L.B., A CHILD

On Appeal from the 439th Judicial District Court Rockwall County, Texas Trial Court Cause No. 1-11-543

ORDER Before Justices Moseley, Francis, and Fillmore

The Court has before it appellant Mary Judith Hunnicutt’s January 8, 2013 emergency

motion to suspend the trial court’s judgment. The appeal is from the trial court’s final order

denying original petition for protection of a child, for conservatorship, and for termination in a

suit affecting the parent-child relationship. Appellant asserts in the motion that the trial court’s

judgment requu’es her to return L.B. to her parents at 6:00 p.m. on Friday, January 11, 2013

without any oversight or supervision by either the Department of Family and Protective Services

or other conservator of the child. Appellant further asserts that the child is not yet two years of

age and her parents continue to struggle with drug use, domestic violence, and instability.

Although appellant attached several documents to the motion m support of her claim,

appellant did not attach the reporter’s record showing what evidence was considered by the trial

court, nor has this Court otherwise received the reporter’s record. Further, although the trial court judgment indicates it was based on a directed verdict, neither the judgment nor the motion

contains the rationale for the trim court’s decision. Therefore, based on the lack of a record from

the trial court, we conclude appellant has not shown entitlement to the relief she ~s requesting.

We DENY appellant’s January 8, 2013 emergency motion to suspend the trial court’s

judgment.