Interest of B.P.S., H.R.S., D.G.S., Children ( 2021 )

Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-19-00763-CV
IN THE INTEREST OF B.P.S., H.R.S. and D.G.S., Children
From the 38th Judicial District Court, Medina County, Texas
Trial Court No. 19-04-25687-CV
Honorable Kelley Kimble, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Liza A. Rodriguez, Justice
Delivered and Filed: February 3, 2021
DISMISSED FOR WANT OF JURISDICTION
This appeal was docketed when the trial court clerk forwarded a document signed by
appellant entitled “Notice of Appeal.” In the document, appellant requests a de novo hearing of
an order entered by an associate judge in the underlying suit affecting the parent-child relationship.
The clerk’s record, however, contains an order signed by the district court reciting that appellant
subsequently “nonsuited” her request for a de novo hearing. Even construing the “Notice of
Appeal” document as a premature notice of appeal, the clerk’s record contains no final order or
judgment from which the appellant may appeal. Absent an appealable interlocutory order or final
judgment in writing, we have no jurisdiction over this appeal. See Ogletree v. Matthews, 262
S.W.3d 316, 319 n.1 (Tex. 2007); Lehmann v. Har Con Corp., 39 S.W.3d 191, 195 (Tex. 2001);
Northeast Ind. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). We therefore issued an
04-19-00763-CV
order instructing appellant to show cause in writing within fifteen days why this appeal should not
be dismissed for lack of jurisdiction. Appellant failed to respond. Accordingly, we dismiss this
appeal for want of jurisdiction. See id. 42.3(a), (c). Costs of appeal are taxed against appellant.
PER CURIAM
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