In the Interest of D.P.M.A., a Child v. the State of Texas ( 2024 )

NUMBER 13-24-00050-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF D.P.M.A., A CHILD
ON APPEAL FROM THE 138TH DISTRICT COURT
OF CAMERON COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Benavides, Tijerina, and Silva
Memorandum Opinion by Justice Benavides
Appellant I.S.N.1 filed a pro se notice of appeal from an order denying her motion
for a new trial. On January 30, 2024, the Clerk of this Court advised appellant that it
appeared that there was not a final, appealable order. See TEX. R. APP. P. 37.1, 42.3(a).
The Clerk informed appellant that the appeal would be dismissed if this defect was not
cured within ten days. See id. R. 37.1, 42.3(a). To date, appellant has not responded to
the Clerk’s notice or corrected the defect in the appeal.
1 To protect the privacy of the parties involved, we refer to them by initials. See TEX. FAM. CODE
ANN. § 109.002(d); TEX. R. APP. P. 9.8(b)(2).
The Court, having examined and fully considered the documents on file, is of the
opinion that the appeal should be dismissed. Appellant’s notice of appeal assails a
December 20, 2022 order2 rendered against her which denies her motion for new trial
“on denial of appeal from CPS Court.” However, an order denying a motion for new trial
is not independently appealable. In re B.L.R., 592 S.W.3d 453, 462 (Tex. App.—Houston
[1st Dist.] 2018, no pet.); In re Adams, 416 S.W.3d 556, 560 (Tex. App.—Tyler 2013, orig.
proceeding); State Office of Risk Mgmt. v. Berdan, 335 S.W.3d 421, 428 (Tex. App.—
Corpus Christi–Edinburg 2011, pet. denied). Accordingly, we dismiss this appeal. See id.R. 42.3(a).
GINA M. BENAVIDES
Justice
Delivered and filed on the
11th day of April, 2024.
2 We note that appellant’s notice of appeal was filed on January 12, 2023 in district court but was
not filed with our Court until January 24, 2024. Given our disposition of this appeal, we need not further
examine this anomaly. We further note that the district clerk’s office has furnished this Court with a copy of
the final judgment in this case, the “Order of Termination,” signed by the associate judge on March 24,
2022, and adopted by the judge of the trial court on April 3, 2022. The final judgment terminates I.S.N.’s
parental rights to D.P.M.A., and reflects that appellant was represented by counsel in that proceeding. Our
records do not reflect that appellant filed a notice of appeal from that final judgment.
2