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In re Z.D.R.R.

Court of Appeals of Texas, Fifth District, Dallas
Feb 28, 2023
No. 05-23-00094-CV (Tex. App. Feb. 28, 2023)

Opinion

05-23-00094-CV

02-28-2023

IN THE INTEREST OF Z.D.R.R. AND Z.U.C., CHILDREN


On Appeal from the County Court at Law Kaufman County, Texas Trial Court Cause No. 110045-CC

Before Justices Reichek, Nowell, and Garcia Opinion by Justice Reichek

MEMORANDUM OPINION

AMANDA L. REICHEK JUSTICE

This is an accelerated appeal involving the termination of appellant's parental rights. In the notice of appeal, appellant states she is appealing the "Final Custody Determination in the above referenced case to the County Court at Law in and for Kaufman County on Thursday, January 12, 2023." The record before this Court does not contain a judgment signed on that date or any other date. Accordingly, the Court questioned its jurisdiction over this appeal and directed appellant to file a letter brief addressing our concern. We cautioned appellant that failure to comply may result in dismissal of the appeal without further notice. Counsel for appellant has informed the Court that she would not file a response.

We note that appellant filed a pro se motion requesting an extension of time to submit the final judgment. Appellant is represented by counsel and is not entitled to hybrid representation. See Scheanette v. State, 144 S.W.3d 503, 505 n.2 (Tex. Crim. App. 2004). Accordingly, the Court takes no action on the motion.

Unless specifically authorized by statute, Texas appellate courts have jurisdiction only to review final judgments. McFadin v. Broadway Coffeehouse, LLC, 539 S.W.3d 278, 283 (Tex. 2018). A judgment is final for purposes of appeal if it disposes of all pending parties and claims. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Appellate deadlines run from the date the judgment is signed. See Tex. R. App. P. 26.1. Without a signed judgment or other appealable order, there is nothing for this Court to review and the appeal is premature. See In Int. of X.M.P., No. 05-18-01416-CV, 2019 WL 180698, at *1-2 (Tex. App.- Dallas Jan. 14, 2019, no pet.) (mem. op.).

Because the record before this Court does not contain a judgment and nothing shows that the signing of a judgment is imminent, we dismiss the appeal for want of jurisdiction without prejudice to filing a new notice of appeal after the trial court signs a judgment. See Tex. R. App. P. 42.3(a).

JUDGMENT

In accordance with this Court's opinion of this date, the appeal is DISMISSED.


Summaries of

In re Z.D.R.R.

Court of Appeals of Texas, Fifth District, Dallas
Feb 28, 2023
No. 05-23-00094-CV (Tex. App. Feb. 28, 2023)
Case details for

In re Z.D.R.R.

Case Details

Full title:IN THE INTEREST OF Z.D.R.R. AND Z.U.C., CHILDREN

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Feb 28, 2023

Citations

No. 05-23-00094-CV (Tex. App. Feb. 28, 2023)