Texas Department of Family and Protective Services v. M. E. and B. E.

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-13-00129-CV

Texas Department of Family & Protective Services, Appellant

v.

M.E. and B.E., Appellees

FROM THE DISTRICT COURT OF COMAL COUNTY, 433RD JUDICIAL DISTRICT NO. C2011-0351D, HONORABLE DIB WALDRIP, JUDGE PRESIDING

MEMORANDUM OPINION

Appellant Texas Department of Family & Protective Services appeals from the trial

court’s order granting directed verdict for appellees. Appellant submitted a letter to this Court on

April 4, 2013, advising this Court that a final order has not yet been signed.

Texas Rule of Appellant Procedure 27.2 provides that an appellate court may permit

a party to cure a prematurely filed appeal by allowing “an appealed order that is not final to be

modified so as to be made final and may allow the modified order and all proceedings relating to it

to be included in a supplemental record.” Tex. R. App. P. 27.2. We, therefore, abate this appeal to

give the Department 60 days after the date of this order to take action to cure the jurisdictional defect

and to pay for and request a supplemental clerk’s record containing a final order. Failure to

comply with this order will result in dismissal of this appeal for want of jurisdiction. See Tex. R.

App. P. 42.3(a). __________________________________________

Melissa Goodwin, Justice

Before Chief Justice Jones, Justices Goodwin and Field

Abated

Filed: April 26, 2013