Opinion
No. 04-13-00524-CV
08-30-2013
IN THE INTEREST OF J.N.M., ET AL., CHILDREN
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2011-PA-02633
Honorable Richard Garcia, Judge Presiding
ORDER
This is an accelerated appeal of an order terminating the appellant's parental rights which must be disposed of by this court within 180 days of the date the notice of appeal is filed. TEX. R. JUD. ADMIN. 6.2. On July 24, 2013, appellant filed a notice of appeal in trial court cause number 2011-PA-01659. A clerk's record from that trial court cause number was filed in this court on August 5, 2013. The only order included in the clerk's record was an order granting a nonsuit which was signed on October 25, 2011. In response to a telephone inquiry by this court, the trial court clerk confirmed that no termination order was signed in the cause in which the notice of appeal was filed.
On August 7, 2013, this court ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction because the clerk's record did not contain a final termination order. On August 16, 2013, appellant responded that a final termination order was signed by the trial court on August 12, 2013.
On August 22, 2013, the trial court clerk notified this court that no order was signed in the underlying cause on August 12, 2013. The court reporter designated to prepare the reporter's record in this appeal also informed this court that no reporter's record was taken in the underlying cause. On August 23, 2013, this court again ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Our order stated that any response to this court's order should be accompanied by a copy of the signed termination order appellant seeks to appeal.
On August 27, 2013, appellant responded to our order attaching a copy of an order of termination signed by the trial court on August 18, 2013, in trial court cause number 2011-PA-02633. Appellant acknowledges in her response that the style of the notice of appeal she filed contains trial cause number 2011-PA-01659, which is the cause number for which the trial court clerk prepared the clerk's record. Based on the documentation contained in the clerk's record that was filed and the termination order attached to appellant's response, we note that the same children were involved in both proceedings. It is therefore ORDERED that the notice of appeal filed in trial court cause number 2011-PA-01659 is sufficient to invoke our jurisdiction in this appeal. See City of San Antonio v. Rodriguez, 828 S.W.2d 417 (Tex. 1992).
The trial court clerk and court reporter are ORDERED to file the clerk's record and the reporter's record from cause number 2011-PA-02633 in this appeal no later than ten days from the date of this order. The clerk of this court also in instructed to update this court's records to reflect the proper trial court cause number. For purposes of this court's records, the notice of appeal is deemed to have been filed on August 18, 2013, the date the trial court signed the termination order. See TEX. R. APP. P. 25.1(a).
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Catherine Stone, Chief Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 30th day of August, 2013.
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Keith E. Hottle
Clerk of Court