Opinion
04-23-00652-CV
07-27-2023
IN THE INTEREST OF R. P., a Child
From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2022-PA-01371 Honorable Raul Perales, Judge Presiding
ORDER
PER CURIAM.
On June 28, 2023, appellant filed a notice of appeal challenging an order of termination signed on June 29, 2023 by an associate judge. On July 13, 2023, appellant filed a motion requesting to abate the accelerated timelines. In the motion, appellant states she timely filed a request for a de novo hearing, and the trial court scheduled the de novo hearing for July 20, 2023. A review of the clerk's record confirms appellant's request for a de novo hearing was timely filed.
Generally, "an appeal may be taken only from a final judgment." Lehmann v. Har-Con Corp., 39 S.W.3d 191, 15 (Tex. 2001). An associate judge does not have the power to render a final judgment outside the context of certain limited exceptions listed in section 201.007 of the Texas Family Code. In re C.R-A.A., No. 04-16-00587-CV, 2016 WL 6238237, at *1 (Tex. App.-San Antonio Oct. 26, 2016, no pet.) (mem. op.) (citing Tex. Fam. Code § 201.007(a)(14)); Graham v. Graham, 414 S.W.3d 800, 801 (Tex. App.-Houston [1st Dist.] 2013, no pet.). "Unless authorized by section 201.007, an associate judge's proposed order or recommendation has only temporary effect, pending appeal to the referring trial court." C.R-A.A., 2016 WL 6238237, at *1; see Graham, 414 S.W.3d at 801. Consequently, when a request for a de novo hearing is timely filed, an associate judge's order is not a final, appealable order. C.R-A.A., 2016 WL 6238237, at *1; Graham, 414 S.W.3d at 801.
Because appellant timely filed a request for a de novo hearing, the associate judge's order is interlocutory and not a final, appealable order. We therefore order appellant to show cause in writing no later than August 11, 2023 why this appeal should not be dismissed for lack of jurisdiction. See C.R-A.A., 2016 WL 6238237, at *1. If appellant fails to file a satisfactory response by the date ordered, we will dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a),(c). All deadlines in this matter are suspended until further order of this court.
It is so ORDERED.