in the Interest of L.M.H., a Child ( 2012 )

MEMORANDUM OPINION
No. 04-12-00168-CV
IN THE INTEREST OF L.M.H., a Child
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2010-PA-02099
Honorable Charles E. Montemayor, Associate Judge Presiding
PER CURIAM
Sitting: Phylis J. Speedlin, Justice
Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Delivered and Filed: June 6, 2012
DISMISSED FOR LACK OF JURISDICTION
Appellant filed a pro se notice of appeal seeking to appeal an order signed on February
29, 2012 terminating his parental rights to his daughter, L.M.H. The order is titled “Interlocutory
Order of Termination” and states that the parental rights of mother Lynda Cantu were not
adjudicated. Because this order did not dispose of all parties, and no severance order appeared in
the record, we ordered appellant to show cause in writing why this appeal should not be
dismissed for lack of jurisdiction. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex.
2001); City of Beaumont v. Guillory, 751 S.W.2d 491, 492 (Tex. 1988). Appellant’s appointed
attorney responded and agreed that the order is not final, and that we currently lack jurisdiction
over the appeal. Having confirmed that the order of termination is interlocutory and there is no
04-12-00168-CV
severance order in effect, we must dismiss this appeal. 1 See Lehmann, 39 S.W.3d at 205-06; In
re J.D., 304 S.W.3d 522, 525-26 (Tex. App.—Waco 2009, no pet.); see also In re C.H., No. 02-
09-00060-CV, 2009 WL 1564936, *1 (Tex. App.—Fort Worth June 4, 2009, no pet.) (mem. op.)
(no final order for purposes of appeal when only one parent’s rights terminated). Accordingly,
this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a).
PER CURIAM
1
This dismissal, however, should not be construed to prevent appellant from later pursuing a timely appeal from an
actual final judgment in this case.
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