C. V. v. Tex. Dep't of Family & Protective Servs.

Full title: C. V., Appellant v. Texas Department of Family and Protective Services…

Court: TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

Date published: Nov 17, 2020

NO. 03-20-00506-CV (Tex. App. Nov. 17, 2020)

Opinion

NO. 03-20-00506-CVNO. 03-20-00507-CV

11-17-2020

C. V., Appellant v. Texas Department of Family and Protective Services, Appellee

PER CURIAM

FROM THE 274TH DISTRICT COURT OF HAYS COUNTY
NOS. 19-1044 & 19-1044-A, THE HONORABLE DAVID JUNKIN, JUDGE PRESIDINGORDER AND MEMORANDUM OPINION

PER CURIAM

In both cause numbers, appellant C.V. has filed notices of appeal from the trial court's judgment that the trial court purportedly signed on October 2, 2020. However, on November 6, 2020, the Hays County District Clerk by letter advised this Court that she is unable to file the clerk's records because the clerk's office has not received the judgment.

This Court's jurisdiction generally is limited to appeals in which there exists a final or appealable judgment or order which has been signed by a judge. See Tex. R. App. P. 26.1 (setting time period for perfecting appeal from date judgment or appealable order is signed); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) ("[T]he general rule, with a few mostly statutory exceptions, is that an appeal may be taken only from a final judgment."). Thus, without a judgment or appealable order that the trial court has signed, this Court lacks jurisdiction over these appeals.

On this Court's own motion, we abate these appeals and remand them to the trial court to cure the jurisdictional defect and provide the clerk's records containing a final judgment within fifteen days from the date of this order. See Tex. R. App. P. 27.1(a) (addressing prematurely filed notices of appeal), 27.2 (allowing appellate court to treat actions taken before appealable order is signed as relating to appeal of that order). Alternatively, we order the trial court to file status reports with this Court concerning the final judgment. These appeals shall be reinstated upon the date the clerk's records are filed with this Court or fifteen days from the date of this order, whichever date is later.

It is so ordered November 17, 2020. Before Justices Goodwin, Triana, and Smith Abated and Remanded Filed: November 17, 2020