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In re Interest of S.L.M.

Fourth Court of Appeals San Antonio, Texas
Aug 31, 2016
No. 04-16-00456-CV (Tex. App. Aug. 31, 2016)

Opinion

No. 04-16-00456-CV

08-31-2016

IN THE INTEREST OF S.L.M., et al., Children


MEMORANDUM OPINION

From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2015PA01559
Honorable Richard Garcia, Judge Presiding PER CURIAM Sitting: Marialyn Barnard, Justice Rebeca C. Martinez, Justice Patricia O. Alvarez, Justice APPEAL DISMISSED FOR WANT OF JURISDICTION

On July 19, 2016, appellant mother ("Mother") filed a notice of appeal, asserting she is appealing an order rendered on or about July 15, 2016 that terminated her parental rights to her children. The clerk's record, however, does not contain a copy of a signed order terminating Mother's parental rights. Rather, the clerk's record contains a document entitled "JUDGE'S NOTES," and on page 3 of the "JUDGE'S NOTES" is a handwritten entry of "Order" and "term. Granted; M-D/E/O/N; F-N/O."

This court has specifically held that "[a] judge's handwritten notes are for his or her own convenience and form no part of the record." In re L.H., No. 04-13-00174-CV, 2013 WL 3804585, at *1 (Tex. App.—San Antonio July 17, 2013, no pet.) (mem. op.) (citing In re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio 2012, no pet.)). In other words, judge's notes do not constitute an appealable order. See id. Thus, it appeared from the clerk's record there was no judgment or order from which Mother may appeal.

Accordingly, in an order dated August 12, 2016, we ordered Mother to show cause in writing to this court on or before August 22, 2016, why this appeal should not be dismissed for lack of jurisdiction based on the absence of an appealable order or judgment. We further ordered the appellate deadlines suspended until further order of this court. Mother filed a response, admitting a final order has not yet been signed.

Because a final order has not yet been signed, we lack jurisdiction over this appeal. See id. We therefore dismiss this appeal for want of jurisdiction.

PER CURIAM


Summaries of

In re Interest of S.L.M.

Fourth Court of Appeals San Antonio, Texas
Aug 31, 2016
No. 04-16-00456-CV (Tex. App. Aug. 31, 2016)
Case details for

In re Interest of S.L.M.

Case Details

Full title:IN THE INTEREST OF S.L.M., et al., Children

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Aug 31, 2016

Citations

No. 04-16-00456-CV (Tex. App. Aug. 31, 2016)

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