in the Interest of K.R.K.- L. H. ( 2021 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
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NO. 09-21-00359-CV
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IN THE INTEREST OF K.R.K.-L. H.
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On Appeal from the 253rd District Court
Liberty County, Texas
Trial Cause No. CV2016063
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MEMORANDUM OPINION
On November 9, 2021, appellant L.H. filed a notice of appeal from a proposed
order of termination signed by an associate judge on October 20, 2021. Appellant
also filed a request for a de novo hearing by the referring court. On December 8,
2021, the Texas Department of Family and Protective Services filed a motion to
dismiss the appeal for lack of jurisdiction because the referring court has not signed
a final order. In response, L.H. concedes the termination order is interlocutory
because the referring court has not held the de novo hearing.
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When a party timely files a request for a de novo hearing and nothing in the
record indicates that the appellant waived the right to a de novo hearing, the associate
judge’s ruling is not a final judgment. See C.A. v. Tex. Dep’t of Family & Protective
Servs., No. 03-20-00158-CV, 2020 WL 4929786, at *1 (Tex. App.—Austin Aug.
18, 2020, no pet.) (mem. op.). We grant the Department’s motion to dismiss and
dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
APPEAL DISMISSED.
PER CURIAM
Submitted on December 29, 2021
Opinion Delivered December 30, 2021
Before Golemon, C.J., Horton and Johnson, JJ.
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