in the Matter of S.J.P., Children ( 2019 )


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  •                               Fourth Court of Appeals
    San Antonio, Texas
    MEMORANDUM OPINION
    No. 04-19-00664-CV
    IN THE MATTER OF S.J.P., et al., Children
    From the 38th Judicial District Court, Medina County, Texas
    Trial Court No. 19-07-25955-CV
    Honorable Cathy Morris, Judge Presiding
    PER CURIAM
    Sitting:          Sandee Bryan Marion, Chief Justice
    Rebeca C. Martinez, Justice
    Patricia O. Alvarez, Justice
    Delivered and Filed: November 13, 2019
    DISMISSED
    Appellant has filed a notice of appeal from a “Judgment of Contempt and Commitment
    Order” entered in the underlying suit to terminate appellant’s parental rights.
    Appellate courts have jurisdiction only over appeals from final judgments and from
    interlocutory orders the legislature has designated appealable. Lehmann v. Har–Con Corp., 
    39 S.W.3d 191
    , 195 (Tex. 2001); see also TEX. R. CIV. P. 301 (“Only one final judgment shall be
    rendered in any cause except where it is otherwise specially provided by law.”). “Appellate courts
    do not have jurisdiction to review contempt proceedings on direct appeal.” In re T.L.K., 
    90 S.W.3d 833
    , 841 (Tex. App.—San Antonio 2002, no pet.).
    Here, the clerk’s record reflects no final, appealable order of termination has yet been
    entered. Because no final order has been entered and because appellant purports to appeal from a
    04-19-00664-CV
    contempt order, we ordered appellant to show cause in writing by no later than October 21, 2019
    why this appeal should not be dismissed for lack of jurisdiction. We advised appellant that if she
    failed to file an adequate response, this appeal would be dismissed for lack of jurisdiction without
    prejudice to re-filing once a final order is entered. To date, appellant has not filed a response
    demonstrating this court’s jurisdiction over the present appeal. In the meantime, appellee has filed
    a motion to dismiss on the basis that this court lacks jurisdiction to review the interlocutory order
    appellant seeks to appeal.
    Accordingly, because no final, appealable judgment has yet been entered in this case, we
    grant appellee’s motion to dismiss, and we dismiss this appeal for want of jurisdiction.
    PER CURIAM
    -2-
    

Document Info

Docket Number: 04-19-00664-CV

Filed Date: 11/13/2019

Precedential Status: Precedential

Modified Date: 11/14/2019