Document Info

DocketNumber: 04-18-00756-CV

Filed Date: 11/28/2018

Status: Precedential

Modified Date: 11/29/2018

  •                                Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-18-00756-CV
    IN THE INTEREST OF A.M.S., et al., Children
    From the 288th Judicial District Court, Bexar County, Texas
    Trial Court No. 2017-PA-01328
    Honorable Renée Yanta, Judge Presiding
    PER CURIAM
    Sitting:          Rebeca C. Martinez, Justice
    Patricia O. Alvarez, Justice
    Luz Elena D. Chapa, Justice
    Delivered and Filed: November 28, 2018
    DISMISSED FOR LACK OF JURISDICTION
    On September 11, 2018, appellant filed her notice of appeal. The clerk’s record was filed
    on September 20, 2018. Although the clerk’s record contains the judge’s notes stating appellant’s
    parental rights are terminated, it does not contain a final order terminating appellant’s parental
    rights. See In re L.H., No. 04-13-00174-CV, 
    2013 WL 3804585
    , at *1 (Tex. App.—San Antonio
    July 17, 2013, no pet.) (mem. op.) (stating judge’s notes do not constitute final, appealable order).
    “[A]n appeal may be prosecuted only from a final judgment.” N.E. Indep. Sch. Dist. v. Aldridge,
    
    400 S.W.2d 893
    , 895 (Tex. 1966).
    Because no final order of termination has been entered in the underlying case, this court
    ordered appellant to show cause in writing why this appeal should not be dismissed for lack of
    jurisdiction. Appellant did not respond. Because the record does not contain a final order of
    04-18-00756-CV
    termination, we must dismiss this appeal. 1 Accordingly, this appeal is dismissed for lack of
    jurisdiction. See TEX. R. APP. P. 42.3(a).
    PER CURIAM
    1
    This dismissal does not prevent appellant from later pursuing a timely appeal from a final judgment in this case.
    -2-