in the Matter of S.J.P., Children

Court of Appeals of Texas

in the Matter of S.J.P., Children

DecidedOctober 9, 2019

Docket04-19-00664-CV

StatusPublished

This text of in the Matter of S.J.P., Children (in the Matter of S.J.P., Children) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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in the Matter of S.J.P., Children, (Tex. Ct. App. 2019).

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Fourth Court of Appeals San Antonio, Texas October 9, 2019

No. 04-19-00664-CV

IN THE MATTER OF S.J.P. ET. AL., CHILDREN,

From the 38th Judicial District Court, Medina County, Texas Trial Court No. 19-07-25955-CV Honorable Cathy Morris, Judge Presiding

ORDER Appellant has filed a notice of appeal from a “Judgment of Contempt and Commitment Order” entered in the underlying suit to terminate appellant’s parental rights. The clerk’s record was filed on October 3, 2019 and reflects no final order of termination has yet been entered. “[A]n appeal may be prosecuted only from a final judgment.” N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). In addition, “[a]ppellate courts do not have jurisdiction to review contempt proceedings on direct appeal.” In re T.L.K., 90 S.W.3d 833, 841 (Tex. App.— San Antonio 2002, no pet.). Because no final order has been entered and because appellant purports to appeal from a contempt order, appellant is ORDERED to show cause in writing within ten (10) days of the date of this order why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to file an adequate response within ten (10) days of the date of this order, this appeal will be dismissed for lack of jurisdiction without prejudice to re-filing once a final order is entered.

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of October, 2019.

___________________________________ LUZ ESTRADA, Chief Deputy Clerk

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Fourth Court of Appeals San Antonio, Texas October 9, 2019

No. 04-19-00664-CV

IN THE MATTER OF S.J.P. ET. AL., CHILDREN,

From the 38th Judicial District Court, Medina County, Texas Trial Court No. 19-07-25955-CV Honorable Cathy Morris, Judge Presiding

ORDER Appellant has filed a notice of appeal from a “Judgment of Contempt and Commitment Order” entered in the underlying suit to terminate appellant’s parental rights. The clerk’s record was filed on October 3, 2019 and reflects no final order of termination has yet been entered. “[A]n appeal may be prosecuted only from a final judgment.” N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). In addition, “[a]ppellate courts do not have jurisdiction to review contempt proceedings on direct appeal.” In re T.L.K., 90 S.W.3d 833, 841 (Tex. App.— San Antonio 2002, no pet.). Because no final order has been entered and because appellant purports to appeal from a contempt order, appellant is ORDERED to show cause in writing within ten (10) days of the date of this order why this appeal should not be dismissed for lack of jurisdiction. If appellant fails to file an adequate response within ten (10) days of the date of this order, this appeal will be dismissed for lack of jurisdiction without prejudice to re-filing once a final order is entered.

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of October, 2019.

___________________________________ LUZ ESTRADA, Chief Deputy Clerk

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