in the Interest of C.M.M., G.E.M., A.V.M. and B.A.M., Children ( 2022 )

DISMISS and Opinion Filed December 14, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00993-CV
IN THE INTEREST OF C.M.M., G.E.M., A.V.M. AND B.A.M., CHILDREN
On Appeal from the 254th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-19-02981
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III
Opinion by Chief Justice Burns
This appeal was filed prematurely, following the oral rendition of judgment.
See Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam)
(deadline for filing notice of appeal runs from date written judgment is signed).
Although Texas Rule of Appellate Procedure 27.1 deems a prematurely filed notice
of appeal filed on the day of, but after, the date a written judgment is signed, it does
not require an appellate court to hold an appeal open until an appealable judgment
is signed. See TEX. R. APP. P. 27.1(a); Ganesan v. Reeves, 236 S.W.3d 816, 817 (Tex.
App.—Waco 2007, pet. denied). Because nothing before the Court reflected a
judgment would be signed imminently, we directed appellant to file a letter brief
showing cause why the appeal should not be dismissed for want of jurisdiction. See
Ganesan, 236 S.W.3d at 817. Although we cautioned appellant that failure to
comply within ten days could result in the appeal being dismissed without further
notice, see TEX. R. APP. P. 42.3(a),(c), appellant has not complied. Accordingly, on
the record before us, we dismiss the appeal. See id. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220993F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF C.M.M., On Appeal from the 254th Judicial
G.E.M., A.V.M. AND B.A.M., District Court, Dallas County, Texas
CHILDREN Trial Court Cause No. DF-19-02981.
Opinion delivered by Chief Justice
No. 05-22-00993-CV Burns, Justices Molberg and
Pedersen, III participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Jennifer Martin recover her costs, if any, of this
appeal from appellant Steve Martin, Jr.
Judgment entered December 14, 2022.
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