N. F. v. Texas Department of Family and Protective Services

• Court: Court of Appeals of Texas
• Decided: October 16, 2015
• Docket: 03-15-00543-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-15-00543-CV

N. F., Appellant

v.

Texas Department of Family and Protective Services, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT NO. D-1-FM-14-002979, HONORABLE GISELA D. TRIANA, JUDGE PRESIDING

MEMORANDUM OPINION

On August 27, 2015, appellant N.F., the children’s attorney/guardian ad litem in a

parental-termination case, filed a notice of appeal. Although N.F.’s notice of appeal appeared to be

an appeal from a final decree of termination, which was signed by the trial court on July 28, 2015,

the clerk’s record later filed in this Court indicates that the trial court granted a motion for new trial.

Upon review of the trial-court clerk’s record, the Clerk of this Court sent N.F. a letter informing her

that the Court appears to lack jurisdiction over the appeal because we have no jurisdiction to hear

an appeal from a judgment that is not final, unless there is specific statutory authority permitting an

appeal before final judgment. See Tex. Civ. Prac. & Rem. Code § 51.012, .014(a). The Clerk

requested a response informing us of any basis that exists for jurisdiction. N.F. has not responded.

Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). __________________________________________

Cindy Olson Bourland, Justice

Before Justices Puryear, Goodwin, and Bourland

Dismissed for Want of Jurisdiction

Filed: October 16, 2015