Court of Appeals of Texas, 2021

in the Interest of M.C.L.V, a Child

in the Interest of M.C.L.V, a Child
Court of Appeals of Texas · Decided September 8, 2021
in the Interest of M.C.L.V, a Child

Opinion

Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-21-00277-CV

IN THE INTEREST OF M.C.L.V., a Child

Appellants

From the 438th Judicial District Court, Bexar County, Texas Trial Court No. 2020-PA-01657

Honorable Kimberly Burley, Judge Presiding PER CURIAM

Sitting: Rebeca C. Martinez, Chief Justice

Patricia O. Alvarez, Justice

Luz Elena D. Chapa, Justice

Delivered and Filed: September 8, 2021

DISMISSED FOR LACK OF JURISDICTION

On July 8, 2021, appellant filed a notice of appeal stating her intent to appeal a final decree of termination signed on June 10, 2021. The clerk’s record was filed on July 26, 2021. Although the clerk’s record contains the judge’s notes, the clerk’s record does not contain an 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.) (stating judge’s notes do not constitute a final, appealable order) (mem. op.). In response to this court’s inquiry, the trial court clerk confirmed the trial court has not received a final 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 file a response showing that we have jurisdiction over this appeal. Having confirmed the record does not contain a final order of 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.

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