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MEMORANDUM OPINION No. 04-12-00309-CV IN THE INTEREST OF K.B., K.J.P.B., K.J.P., and K.P., Children From the 25th Judicial District Court, Guadalupe County, Texas Trial Court No. 11-0254-CV Honorable Karin Bonicoro, Judge Presiding PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Sandee Bryan Marion, Justice Delivered and Filed: June 20, 2012 DISMISSED FOR LACK OF JURISDICTION A clerk’s record was filed in this appeal on May 18, 2012. The notice of appeal contained in the clerk’s record, however, is a request for a de novo hearing of an associate judge’s report before the referring court. See TEX. FAM. CODE ANN. § 201.204, 201.317 (West Supp. 2011). The fiat attached to this notice of appeal states that the motion was set for a hearing before the referring court on May 7, 2012. The clerk’s record does not contain a final judgment from the de novo hearing or a notice of appeal to this court. On May 22, 2012, we ordered the respondent parent to show cause why this appeal should not be dismissed for lack of jurisdiction. No response was filed. Accordingly, this appeal is dismissed for lack of jurisdiction without prejudice to the respondent parent’s right to appeal 04-12-00309-CV to this court after a final judgment is signed. See TEX. R. APP. P. 25.1 (setting forth requirements for perfecting an appeal in a civil case); TEX. R. APP. P. 42.3 (providing for involuntary dismissal of civil appeal for want of jurisdiction). PER CURIAM -2-
Document Info
Docket Number: 04-12-00309-CV
Filed Date: 6/20/2012
Precedential Status: Precedential
Modified Date: 10/16/2015