in the Matter of N.L.H.

• Court: Court of Appeals of Texas
• Decided: February 12, 2004
• Docket: 02-03-00253-CV
• Status: Published

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

 

NO. 2-03-253-CV

 

IN THE MATTER OF N.L.H.

 

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FROM THE 323^RD DISTRICT COURT OF TARRANT COUNTY

   

MEMORANDUM OPINION¹

 

        N.L.H. is attempting to appeal from the trial court’s oral ruling granting the State’s motion to transfer appellant’s determinate sentence probation to an appropriate district court on her eighteenth birthday. See Tex. Fam. Code Ann. § 54.051(d) (Vernon Supp. 2004). Appellant’s notice of appeal is premature because the trial court has not signed an order granting the transfer. See Tex. R. App. P. 26.1(a). A trial court’s oral pronouncement is not an acceptable substitute for a written order. Emerald Oaks Hotel/Conf. Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding); McCormack v. Guillot, 597 S.W.2d 345, 346 (Tex. 1980) (orig. proceeding). A prematurely filed notice of appeal is not effective until the appellate deadline is triggered and therefore does not vest this court with jurisdiction over the appeal. See Tex. R. App. P. 25.1(b), 27.1(a).

        On January 5, 2004, we notified appellant that her appeal was subject to dismissal for want of jurisdiction unless she furnished the court a copy of the signed transfer order by January 15, 2004. No signed order has been tendered or filed. Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a), 43.2(f).

                                                                  PER CURIAM

 

PANEL D:   CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.

 

DELIVERED: February 12, 2004

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NOTES

1.  See Tex. R. App. P. 47.4.