in the Interest of C.M., a Child

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00395-CV IN THE INTEREST OF C.M., a Child

From the 37th Judicial District Court, Bexar County, Texas

Trial Court No. 2004-CI-13517 Honorable Dick Alcala, Judge Presiding

PER CURIAM Sitting: Rebecca Simmons, Justice

Steven C. Hilbig, Justice Marialyn Barnard, Justice

Delivered and Filed: November 7, 2012 DISMISSED FOR WANT OF JURISDICTION

Appellant Henry Magallanes filed a notice of appeal complaining of the judgment or order “rendered on June 25, 2012.” The clerk’s record does not contain such a judgment or order. Further, the clerk’s record does not appear to contain a final, appealable order. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (noting that generally “an appeal may be taken only from a final judgment”).

On October 4, 2012, we notified appellant that the clerk’s record does not appear to contain a final, appealable order; we ordered appellant to show cause in writing not later than October 19, 2012, why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. We warned appellant that if he did not show cause within the time provided why this court has jurisdiction over this appeal, the appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195.

On October 31, 2012, appellant filed a response to our October 4, 2012 order. Appellant’s response stated the parties have agreed to a disposition of the matter; it included a copy of a final order in the underlying cause dated October 31, 2012. However, appellant’s response failed to show how we have jurisdiction in this appeal over the “order rendered on June 25, 2012.”

Therefore, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. Costs of this appeal are taxed against appellant.

PER CURIAM