In the Interest of R.H., a Child v. the State of Texas

Opinion

CHIEF JUSTICE RUBEN MORIN ROBERT D. BURNS, III CLERK OF THE COURT (214) 712-3400 JUSTICES theclerk@5th.txcourts.gov KEN MOLBERG ROBBIE PARTIDA-KIPNESS MYRNA GASC BILL PEDERSEN, III BUSINESS ADMINISTRATOR AMANDA L. REICHEK (214) 712-3417 ERIN A. NOWELL myrna.gasc@5th.txcourts.gov CORY L. CARLYLE Court of Appeals BONNIE LEE GOLDSTEIN CRAIG SMITH Fifth District of Texas at Dallas FACSIMILE (214) 745-1083 DENNISE GARCIA 600 COMMERCE STREET, SUITE 200 EMILY A. MISKEL INTERNET NANCY E. KENNEDY DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX MARICELA BREEDLOVE (214) 712-3400

February 13, 2024

Ms. April Smith Attorney at Law P.O. Box 870550 Mesquite, Texas 75187

Ms. Jennifer Goldman Dallas County District Attorney’s Office 2600 Lone Star Dr., LB-22 Dallas, Texas 75212

Mr. John Creuzot Dallas County District Attorney Frank Crowley Courts Bldg. 133 N. Riverfront Blvd., LB-19 Dallas, Texas 75207

Mr. Frank Adler Law Office of Frank Adler 2501 Ave. J, Suite 100 Arlington, Texas 76006

RE: Court of Appeals Number: 05-24-00098-CV Trial Court Case Number: JC-22-00857

Style: In the Interest of R.H., a Child Counsel:

After reviewing the clerk’s record, the Court questions its jurisdiction over this appeal. Specifically, there does not appear to be a final judgment. Generally, this Court has jurisdiction over final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders). A final judgment is one that disposes of all parties and claims. See Lehmann, 39 S.W.3d at 195.

The Texas Department of Family and Protective Services filed a petition seeking to terminate parental rights and to be appointed the managing conservator of the child. The appealed termination decree terminates the parents’ parental rights but is silent as to the conservatorship of the child.

So that this Court can determine its jurisdiction over the appeal, appellant is requested to file, by February 23, 2024, a jurisdictional letter brief of no more than 3 pages explaining how this Court has jurisdiction over this appeal. Appellees may file a responsive letter brief of no more than 3 pages within 10 days of appellant’s letter brief. If any party will be relying on information not in the record before this Court, that party must obtain a supplemental clerk’s record from the trial court containing that information.

We suspend the current deadline for appellant’s brief on the merits. After it has received briefs regarding the jurisdictional issue, the Court will either: (1) dismiss the appeal for want of jurisdiction; or (2) notify the parties by letter that the Court appears to have jurisdiction over the appeal and set a new deadline for appellant’s brief on the merits. We caution appellant that failure to file a jurisdictional brief by February 23, 2024 may result in dismissal of the appeal without further notice.

Respectfully,

/s/ Ruben Morin, Clerk of the Court

RM/mz

cc: The Honorable Cheryl Lee-Shannon, Presiding Judge of the 305th Judicial District Court

2 Ms. Mellannise Henderson-Love