In the Interest of R. P., a Child v. the State of Texas ( 2023 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00652-CV
IN THE INTEREST OF R. P., a Child
From the 408th Judicial District Court, Bexar County, Texas
Trial Court No. 2022-PA-01371
Honorable Raul Perales, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice
Beth Watkins, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: August 30, 2023
MOTION TO ABATE DENIED; DISMISSED FOR LACK OF JURISDICTION
On July 5, 2023, appellant filed a notice of appeal challenging an order of termination
signed on June 29, 2023 by an associate judge. Appellant then filed a “Motion To Abate
Accelerated Time Table,” requesting we abate the accelerated timelines because she timely filed
a request for a de novo hearing before the referring court pursuant to section 201.015 of the Texas
Family Code. Appellant further stated the trial court scheduled the de novo hearing for July 20,
2023. We then received the clerk’s record, which confirmed appellant’s request for a de novo
hearing was timely filed.
Generally, “an appeal may be taken only from a final judgment.” Lehmann v. Har-Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001). An associate judge does not have the power to render a
final judgment outside the context of certain limited exceptions listed in section 201.007 of the
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Texas Family Code. TEX. FAM. CODE § 201.007(a)(14) (listing orders associate judges may render
and sign); In re C.R-A.A., No. 04-16-00587-CV, 2016 WL 6238237, at *1 (Tex. App.—San
Antonio Oct. 26, 2016, no pet.) (mem. op.). Thus, “[u]nless authorized by section 201.007, an
associate judge’s proposed order or recommendation has only temporary effect, pending appeal to
the referring trial court.” C.R-A.A., 2016 WL 6238237, at *1; see TEX. FAM. CODE § 201.013(a);
Chacon v. Chacon, 222 S.W.3d 909, 913 (Tex. App.—El Paso 2007, no pet.) (“An associate
judge’s orders or recommendations have only temporary effect, pending appeal to a referring
court.”). In other words, when a party timely files a request for a de novo hearing before the
referring court, an associate judge’s order is not a final, appealable order. C.R-A.A., 2016 WL
6238237, at *1.
Here, none of the exceptions listed in section 201.007 apply, and appellant timely filed a
request for a de novo hearing. See TEX. FAM. CODE § 201.007(a)(14). As a result, the associate
judge’s order is interlocutory and not a final, appealable order. See C.R-A.A., 2016 WL 6238237,
at *1; see also TEX. FAM. CODE § 201.013(a); Chacon, 222 S.W.3d at 913. We therefore ordered
appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction.
See TEX. R. APP. P. 42.3. Appellant filed a response, stating the referring court held a de novo
hearing, and a proposed order has been presented to the referring court.
Accordingly, because appellant’s response confirms the June 29, 2023 order of termination
is not a final, appealable order, we dismiss this appeal for lack of jurisdiction. See In re J.A.D.L.,
No. 04-18-00141-CV, 2018 WL 1936866, at *1 (Tex. App.—San Antonio Apr. 25, 2018, no pet.)
(mem. op.) (concluding order terminating parents’ parental rights was interlocutory after father
timely filed request for de novo hearing); C.R-A.A., 2016 WL 6238237, at *1 (dismissing appeal
for lack of jurisdiction after concluding order of termination was interlocutory because party timely
requested de novo hearing); see also TEX. R. APP. P. 42.3(a). Appellant’s motion to abate the
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appeal is denied. Should appellant seek to appeal the referring trial court’s final judgment or order
adopting the associate judge’s order of termination, she must file a new notice of appeal. See C.R-
A.A., 2016 WL 6238237, at *1 (“Following rendition of a final judgment or order adopting the
associate judge’s recommendation, any appealing party must file a new notice of appeal.”); see
also TEX. R. APP. P. 26.1(b) (stating notice of appeal in accelerated appeal must be filed within
twenty days after challenged judgment or order).
PER CURIAM
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