Opinion
04-22-00002-CV
03-23-2022
IN THE INTEREST OF A.H.L., N.J.L., and S.U., Children
From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2021-PA-00021 Honorable Charles E. Montemayor, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice, Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice.
MEMORANDUM OPINION
PER CURIAM.
DISMISSED FOR LACK OF JURISDICTION
On December 30, 2021, appellant filed a notice of appeal stating her intent to appeal a final decree of termination signed on or about December 7, 2021. The clerk's record was filed on January 10, 2022, and a supplemental clerk's record was filed on March 3, 2022. Although the supplemental clerk's record contains the judge's notes, neither the clerk's record nor the supplemental clerk's record contains an order terminating appellant's parental rights. See In re L.H., No. 04-13-00174-CV, 2013 WL 3804585, at *1 (Tex. App.-San Antonio July 17, 2013, no pet.) (mem. op.) (stating judge's notes do not constitute a final, appealable order). In response to this court's inquiry, the trial court clerk confirmed that its records do not include a signed a final order. "[A]n appeal may be prosecuted only from a final judgment." N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). Because no final order of termination has 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. Appellant filed a response agreeing that "because no final order has been entered in the underlying case, the Court presently lacks jurisdiction and the case should be dismissed for lack of jurisdiction." Having confirmed the record does not contain a final order of termination, we must dismiss this appeal. Accordingly, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a).
This dismissal does not prevent appellant from later pursuing a timely appeal from a final judgment in this case.