In re E.J.R.

Full title: In the INTEREST OF E.J.R., L.L.S., S.S., and A.J.R

Court: Court of Appeals of Texas, Fourth District, San Antonio

Date published: Aug 19, 2009

No. 04-09-00388-CV (Tex. App. Aug. 19, 2009)

Opinion

No. 04-09-00388-CV

Delivered and Filed: August 19, 2009.

Appealed from the 45th Judicial District Court, Bexar County, Texas, Trial Court No. 2008-PA-01968, Honorable Charles Montemayor, Associate Judge Presiding.

Dismissed for Lack of Jurisdiction.

Sitting: CATHERINE STONE, Chief Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.

MEMORANDUM OPINION

PER CURIAM.

Appellant, Corina R. attempts to appeal from an order terminating her parental rights to her children E.J.R., A.J.R., L.L.S., and S.S. The petition filed by the Texas Department of Family and Protective Services sought termination of Corina R.'s parental rights as well as those of the presumed fathers of the children — Ali R. and Larry S. On May 14, 2009, the trial court signed an order terminating Corina R.'s rights and terminating the rights of Ali R. as to the children E.J.R. and A.J.R. However, the clerk's record reflects the Department's suit to terminate Larry S.'s rights with respect to L.L.S. and S.S. remains pending.

As a general rule, this court hAs jurisdiction only over appeals from final judgments and interlocutory orders that have been designated As appealable by the legislature. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see Tex. Civ. Prac. Rem. Code Ann. 51.014 (Vernon Supp. 2009). A judgment is final and appealable if it disposes of all issues and parties in the case. Lehmann, 29 S.W.3d at 195. Because the case remains pending in the trial court with regard to Larry S. and no order of severance appears in the record, the trial court's May 14, 2009 order appears to be interlocutory and not appealable.

On July 14, 2009, we ordered appellant to file a response by July 29, 2009, showing cause why this appeal should not be dismissed for want of jurisdiction and advised appellant the appeal would be dismissed if she failed to satisfactorily respond within the time provided. See Tex. R. App. P. 42.3(a), (c). Corina R. has not filed a response to our July 14, 2009 order. Accordingly, we dismiss this appeal for lack of jurisdiction.