in the Interest of J.J.H., a Child ( 2021 )


Menu:
  •                                 Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-21-00443-CV
    IN THE INTEREST OF J.J.H., a Child
    From the 224th Judicial District Court, Bexar County, Texas
    Trial Court No. 2020-PA-01604
    Honorable Susan D. Reed, Judge Presiding
    PER CURIAM
    Sitting:          Rebeca C. Martinez, Chief Justice
    Patricia O. Alvarez, Justice
    Luz Elena D. Chapa, Justice
    Delivered and Filed: December 22, 2021
    DISMISSED FOR WANT OF JURISDICTION
    On October 15, 2021, appellant, a minor, filed a notice of appeal, stating his intent to appeal
    the trial court’s “order denying the motion to remove child from present custody” signed on
    October 6, 2021. The clerk’s record was filed on October 26, 2021 and it did not contain a final
    order. On November 5, 2021, this court issued an order requiring appellant to show cause why the
    appeal should not be dismissed for lack of jurisdiction because the trial court had not entered a
    final, appealable order.
    On November 12, 2021, the trial court clerk filed a supplemental clerk’s record, which
    contains an “Order on Hearing for Change of Placement” signed by the trial court on October 27,
    2021. Because no appealable order had been entered in the underlying case, this court ordered
    appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction.
    04-21-00443-CV
    Appellant did not file a response showing that we have jurisdiction over this appeal. Therefore,
    appellant has not provided us, nor have we found, any statutory basis for our jurisdiction to
    consider his interlocutory appeal. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing
    interlocutory orders from which interlocutory appeal may be taken); Jack B. Anglin Co. v. Tipps,
    
    842 S.W.2d 266
    , 272 (Tex. 1992) (holding that Texas appellate courts only have appellate
    jurisdiction over appeals from final orders or judgments, unless statute permits appeal from
    interlocutory order). Accordingly, this appeal is dismissed for want of jurisdiction. See TEX. R.
    APP. P. 42.3(a).
    PER CURIAM
    -2-
    

Document Info

Docket Number: 04-21-00443-CV

Filed Date: 12/22/2021

Precedential Status: Precedential

Modified Date: 12/28/2021