in the Interest of T.C.N., a Child

Opinion

Dismiss and Opinion Filed June 15, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-20-01085-CV

IN THE INTEREST OF T.C.N., A CHILD

On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-15940

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Justice Molberg

We questioned our jurisdiction over this appeal from the trial court’s order

dismissing appellant’s petition to modify parent-child relationship as it appeared

other claims remained pending and the appeal was premature. See Lehmann v. Har-

Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions,

appeal may be taken only from final judgment that disposes of all issues and parties).

Specifically, paternal grandmother had filed a petition for grandparent access, and

no order appeared to dispose of grandmother’s claims. In jurisdictional briefing filed at the Court’s request, appellant does not

dispute grandmother’s petition has not been disposed of by written order, but asserts

the petition was orally stricken for lack of standing and, therefore, no claims remain.

As appellee points out, however, an oral ruling must be reduced to writing and signed

by the trial court. See TEX. R. CIV. P. 306a(2); Dunn v. Dunn, 439 S.W.3d 830, 832

(Tex. 1969) (trial court has ministerial duty to sign judgment after oral rendition).

Because no written order has been signed disposing of grandmother’s claims,

the appeal is premature and we lack jurisdiction over it. Accordingly, we dismiss

the appeal. See TEX. R. APP. P. 42.3(a).

/Ken Molberg// KEN MOLBERG 201085f.p05 JUSTICE

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF T.C.N., A On Appeal from the 255th Judicial CHILD District Court, Dallas County, Texas Trial Court Cause No. DF-17-15940. No. 05-20-01085-CV Opinion delivered by Justice Molberg, Chief Justice Burns and Justice Goldstein participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Attauyo Nkere Nsekhe recover his costs, if any, of this appeal from appellant Gelina Batts.

Judgment entered this 15th day of June, 2021.

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