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In re L.H.

Fourth Court of Appeals San Antonio, Texas
Jul 17, 2013
No. 04-13-00174-CV (Tex. App. Jul. 17, 2013)

Summary

noting judge's notes do not constitute a final order

Summary of this case from In re A.Y.G.

Opinion

No. 04-13-00174-CV

07-17-2013

IN THE INTEREST OF L.H., a child


MEMORANDUM OPINION


From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2009-PA-00997

Honorable Dick Alcala, Judge Presiding

PER CURIAM Sitting: Karen Angelini, Justice

Sandee Bryan Marion, Justice

Marialyn Barnard, Justice
DISMISSED FOR LACK OF JURISDICTION

On March 6, 2013, appellant filed a notice of appeal stating that he intends to appeal the final order of termination rendered on February 21, 2013, by Judge Dick Alcala. The clerk's record, however, does not contain a final order terminating appellant's parental rights to his child, L.H. There is a document called "Judge's Notes," dated February 19, 2013, on which the trial court made the following handwritten notations:

Hearing held. Termination ordered of parental rights existing between children and respondent parents. Found to be in children's best interest.
A judge's handwritten notes are for his or her own convenience and form no part of the record. In re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio 2012, no pet.). Thus, the judge's notes contained in the clerk's record do not constitute a final order. See In re A.W., 384 S.W.3d at 873- 74 (explaining that the handwritten "Associate Judge's Report and Order" was distinguishable from handwritten judge's notes and thus constituted a final order of termination in that case).

Therefore, in an order dated June 13, 2013, we explained that this appeal appeared to be interlocutory and questioned whether we had jurisdiction over it. We ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant has filed a response, agreeing that because a final order has not yet been signed, we lack jurisdiction over this appeal. We therefore dismiss this appeal for lack of jurisdiction.

PER CURIAM


Summaries of

In re L.H.

Fourth Court of Appeals San Antonio, Texas
Jul 17, 2013
No. 04-13-00174-CV (Tex. App. Jul. 17, 2013)

noting judge's notes do not constitute a final order

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noting judge's notes do not constitute a final order

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noting judge's notes do not constitute a final order

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stating judge's notes do not constitute a final order

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noting judge's notes do not constitute a final order

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noting judge's notes do not constitute a final order

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stating judge's notes do not constitute a final, appealable order

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stating judge's notes do not constitute a final, appealable order

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noting judge's notes do not constitute a final order

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stating judge's notes do not constitute final, appealable order

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noting judge's notes do not constitute a final order

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stating judge's notes do not constitute final, appealable order

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noting judge's notes do not constitute a final order

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noting judge's notes do not constitute a final order

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Case details for

In re L.H.

Case Details

Full title:IN THE INTEREST OF L.H., a child

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jul 17, 2013

Citations

No. 04-13-00174-CV (Tex. App. Jul. 17, 2013)

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