Int of J. M. J., a Child v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00514-CV
IN THE INTEREST OF J.M.J., a Child
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2022-PA-01184
Honorable Charles E. Montemayor, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Irene Rios, Justice
Beth Watkins, Justice
Delivered and Filed: July 19, 2023
DISMISSED FOR LACK OF JURISDICTION
This is an accelerated appeal arising out of a parental termination suit filed by the Texas
Department of Family and Protective Services. On May 10, 2023, appellant filed a pro se notice
of appeal stating her intent to appeal a “judgment rendered on May 9, 2023.” On May 19, 2023,
the clerk’s record was filed, and it did not include a final order terminating appellant’s parental
rights; instead, it contained judge’s notes dated May 9, 2023, which indicated the trial court would
issue an order designating the subject child’s maternal grandparents as joint managing
conservators and appellant as possessory conservator.
The Texas Family Code authorizes a party to appeal a final order terminating a parent’s
rights to a child in accordance with “the procedures for accelerated appeals in civil cases under the
Texas Rules of Appellate Procedure.” TEX. FAM. CODE § 263.405(a); accord In re D.M.B., 467
04-23-00514-CV
S.W.3d 100, 102 (Tex. App.—San Antonio 2015, pet. denied). Generally, “an appeal may be
taken only from a final judgment. A judgment is final for purposes of appeal if it disposes of all
pending parties and claims in the record, except as necessary to carry out the decree.” Lehmann
v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). In contrast to a signed, final judgment, a
judge’s handwritten notes are for his or her own convenience and form no part of the record. In
re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio 2012, no pet.).
Because the judge’s notes contained in the clerk’s record did not constitute a final,
appealable order, we ordered appellant to show cause in writing by June 14, 2023 why this appeal
should not be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a); In re A.K.P., No. 04-
20-00305-CV, 2020 WL 5027398, at *1 (Tex. App.—San Antonio Aug. 26, 2020, pet denied)
(dismissing parental termination appeal from judge’s notes for lack of jurisdiction). We cautioned
appellant if she failed to satisfactorily respond within the time provided, the appeal would be
dismissed. See TEX. R. APP. P. 42.3(c). No response has been filed by appellant. We therefore
dismiss this appeal for lack of jurisdiction. See id. R. 42.3(a), (c).
PER CURIAM
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