in the Interest of C.J.G., a Child ( 2019 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    April 23, 2019
    No. 04-19-00237-CV
    IN THE INTEREST OF C.J.G., A CHILD,
    From the 150th Judicial District Court, Bexar County, Texas
    Trial Court No. 2017PA01800
    Honorable Richard Garcia, Judge Presiding
    O R D E R
    This is an appeal in a termination of parental rights case. An appeal from an order
    terminating parental rights is accelerated. TEX. R. APP. P. 28.4(a)(1). On April 17, 2019, appellant
    filed in this court a motion for extension of time to file the notice of appeal. In the extension,
    appellant asserts the trial court signed an appealable judgment or order on March 22, 2019, and
    therefore, appellant’s notice of appeal was due on or before April 11, 2019. See 
    id. R. 26.1(b)
    (stating that in accelerated appeal, notice of appeal must be filed within 20 days after judgment or
    order is signed). However, the notice of appeal was not filed until April 17, 2019.
    We have obtained a copy of the document issued by the trial court on March 22, 2019. It is
    entitled “Memorandum of Associate Judge’s Order” and specifically states it “IS NOT THE
    ACTUAL FINAL ORDER, JUST A MEMORANDUM OF FINAL ORDER.” Moreover, the
    substance of the document does not render the document a final, appealable order as it does not
    contain all the terms necessary for a final order. Thus, at this time, it appears there is no final,
    appealable order.
    Accordingly, appellant’s notice of appeal is premature and will be deemed filed on the same
    day, but after, the trial court renders a final, appealable order. See 
    id. R. 27.1(a).
    We therefore
    DENY AS MOOT appellant’s motion for extension of time to file the notice of appeal.
    We order the clerk of this court to serve a copy of this order on the trial court, the district
    clerk, the court reporter, and all counsel.
    _________________________________
    Beth Watkins, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court
    on this 23rd day of April, 2019.
    ___________________________________
    KEITH E. HOTTLE,
    Clerk of Court
    

Document Info

Docket Number: 04-19-00237-CV

Filed Date: 4/23/2019

Precedential Status: Precedential

Modified Date: 4/25/2019