in the Interest of G.G., a Child ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
February 10, 2021
No. 04-20-00560-CV
IN THE INTEREST OF G.G., A CHILD
From the County Court At Law No 1, Webb County, Texas
Trial Court No. 2013CVW001904-C1
Honorable Hugo Martinez, Judge Presiding
ORDER
On May 21, 2020, the trial court signed a final order granting Dad’s petition, designating
him sole managing conservator, and ordering Mom to pay child support. Subsequently, Mom
retained counsel to represent her in the trial court. On June 17, 2020, Mom’s counsel filed a
Motion for New Trial. A hearing on the motion was set for July 20, 2020, but the clerk’s record
contains no subsequent record of the hearing or signed order on the motion for new trial.
Instead, Appellant filed a notice of restricted appeal on November 16, 2020. In it, she
complained that she was not represented by counsel at the final custody hearing, and the ruling
should be reversed.
Restricted appeals are limited to cases in which the appellant shows the following:
(1) she filed the notice of the restricted appeal within six months after the
judgment or order appealed from was signed; (2) she was a party to the
underlying suit; (3) she did not timely file a post-judgment motion or request for
findings of fact and conclusions of law, or notice of appeal; (4) she did not
participate, either in person or through counsel, in the actual trial of the case; and
(5) the error complained of must be apparent from the face of the record.
Giron v. Gonzalez, 247 S.W.3d 302, 305 (Tex. App.—El Paso 2007, no pet.) (citing TEX. R. APP.
P. 26.1(c), 30; Norman Commc’ns v. Tex. Eastman Co., 955 S.W.2d 269, 270 (Tex. 1997)).
Here, the record shows Mom filed a timely post-judgment motion. See id.
Therefore, we ORDER Appellant to show cause in writing within fifteen days of the date
of this order why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP.
P. 42.3(a). If Appellant does not show cause in writing within the time provided, the appeal will
be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
All other appellate deadlines are suspended pending further order of this court.
_________________________________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 10th day of February, 2021.
___________________________________
Michael A. Cruz,
Clerk of Court