In the Interest of Z.D.R.R. and Z.U.C., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: February 28, 2023
• Docket: 05-23-00094-CV
• Status: Published

Opinion

DISMISS and Opinion Filed February 28, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00094-CV

IN THE INTEREST OF Z.D.R.R. AND Z.U.C., CHILDREN

On Appeal from the County Court at Law Kaufman County, Texas Trial Court Cause No. 110045-CC

MEMORANDUM OPINION Before Justices Reichek, Nowell, and Garcia Opinion by Justice Reichek This is an accelerated appeal involving the termination of appellant’s

parental rights. In the notice of appeal, appellant states she is appealing the “Final

Custody Determination in the above referenced case to the County Court at Law in

and for Kaufman County on Thursday, January 12, 2023.” The record before this

Court does not contain a judgment signed on that date or any other date.

Accordingly, the Court questioned its jurisdiction over this appeal and directed

appellant to file a letter brief addressing our concern. We cautioned appellant that failure to comply may result in dismissal of the appeal without further notice.

Counsel for appellant has informed the Court that she would not file a response.1

Unless specifically authorized by statute, Texas appellate courts have

jurisdiction only to review final judgments. McFadin v. Broadway Coffeehouse,

LLC, 539 S.W.3d 278, 283 (Tex. 2018). A judgment is final for purposes of appeal

if it disposes of all pending parties and claims. Lehmann v. Har-Con Corp., 39

S.W.3d 191, 195 (Tex. 2001). Appellate deadlines run from the date the judgment

is signed. See TEX. R. APP. P. 26.1. Without a signed judgment or other appealable

order, there is nothing for this Court to review and the appeal is premature. See In

Int. of X.M.P., No. 05-18-01416-CV, 2019 WL 180698, at *1–2 (Tex. App.—

Dallas Jan. 14, 2019, no pet.) (mem. op.).

Because the record before this Court does not contain a judgment and

nothing shows that the signing of a judgment is imminent, we dismiss the appeal

for want of jurisdiction without prejudice to filing a new notice of appeal after the

trial court signs a judgment. See TEX. R. APP. P. 42.3(a).

/Amanda L. Reichek/ AMANDA L. REICHEK JUSTICE

230094F.P05

1 We note that appellant filed a pro se motion requesting an extension of time to submit the final judgment. Appellant is represented by counsel and is not entitled to hybrid representation. See Scheanette v. State, 144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004). Accordingly, the Court takes no action on the motion.

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

IN THE INTEREST OF Z.D.R.R. On Appeal from the County Court at AND Z.U.C., CHILDREN Law, Kaufman County, Texas Trial Court Cause No. 110045-CC. No. 05-23-00094-CV Opinion delivered by Justice Reichek. Justices Nowell and Garcia participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered February 28, 2023

–3–