In re J.B.S.

This case is not covered by Casetext's citator
Fourth Court of Appeals San Antonio, TexasDec 5, 2018
No. 04-18-00718-CV (Tex. App. Dec. 5, 2018)

No. 04-18-00718-CV

12-05-2018

IN THE INTEREST OF J.B.S., et al., Children


From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-PA-02879
Honorable Richard Garcia, Judge Presiding

ORDER

This is an accelerated appeal concerning the termination of appellant's parental rights. A copy of the clerk's record was filed on October 11, 2018 and shows appellant filed a notice of appeal on October 18, 2018 in which she contends she is appealing a "Order of Termination, signed on September 14, 2018." The clerk's record, however, does not contain a final order of termination signed by the trial court. Rather, the clerk's record contains an incomplete "Memorandum of Associate Judge's Order." Specifically, pages 2 and 3 of the memorandum appear to be missing. The clerk's office of this court contacted the district clerk's office by telephone and left a message informing the district clerk that the memorandum was incomplete.

Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 196 (Tex. 2001). A judgment is final for appellate purposes if it disposes of all pending parties and claims in the record. Id. Because the Memorandum of Associate Judge's Order is incomplete, it appears there is no final order of termination in the clerk's record; thus, there is no final judgment from which appellant may appeal at this time.

Accordingly, we ordered appellant to file a written response in this court on or before November 26, 2018 showing cause why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). We further advised appellant that if a supplemental clerk's record is required to establish this court's jurisdiction, appellant must ask the district court clerk to prepare one and must notify the clerk of this court that such a request was made. We then suspended all deadlines in this matter until further order.

On November 29, 2018, appellant filed a response to our order, stating a final "termination order has been entered as of November 1, 2018" and she has requested the district clerk to file a supplemental clerk's record with a copy of the order. Attached to appellant's response is a copy of her letter correspondence to the district clerk requesting a supplemental clerk's record. Thereafter, on December 3, 2018, the district clerk filed a supplemental clerk's record containing an Order of Termination signed by the trial court on November 1, 2018. At this time, a copy of the reporter's record has been filed.

Accordingly, because it appears the record is complete, we reinstate the appellant deadlines and ORDER appellant to file her appellant's brief in this court on or before December 27, 2018. See TEX. R. APP. P. 38.6(a).

We order the clerk of this court to serve a copy of this order on all counsel, the district clerk, and the trial court.

/s/_________


Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 5th day of December, 2018.

/s/_________


KEITH E. HOTTLE,


Clerk of Court