Opinion
No. 04-17-00089-CV
03-09-2017
IN THE INTEREST OF E.Q., ET AL., CHILDREN
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2016PA00761
Honorable Charles E. Montemayor, Judge Presiding
ORDER
This is an attempted appeal in a termination of parental rights matter. The clerk's record was filed on February 24, 2017, and the reporter's record was filed on March 6, 2017. Our review of the clerk's record shows appellant filed a notice of appeal on February 17, 2017, in which he contends he is appealing an order of termination signed February 2, 2017. However, after reviewing the clerk's record, we have found the document completed by the trial court on that date was merely the court's "Judge's Notes," which this court has held do not constitute an appealable order. See, e.g., In re S.L.M., No. 04-16-00456-CV, 2016 WL 4537664, at *1 (Tex. App.—San Antonio Aug. 31, 2016, no pet.). The clerk's does not include any other document that could be construed as a final order of termination. The clerk's office of this court contacted the district clerk's office by telephone and was advised that no order of termination has been filed. The clerk's office also attempted to contact counsel for appellant, but she has not responded.
Generally, an appeal may be taken only from a final judgment. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 196 (Tex. 2001). A judgment is final for appellate purposes if it disposes of all pending parties and claims in the record. Id. Because it appears there is no final order of termination in the clerk's record, it appears there is no final judgment from which appellant may appeal at this time.
Accordingly, we ORDER appellant to file a written response in this court on or before April 10, 2017, showing cause why this appeal should not be dismissed for want of jurisdiction.
If appellant fails to satisfactorily respond within the time provided, the appeal will be dismissed. See TEX. R. APP. P. 42.3(c). If a supplemental clerk's record is required to establish this court's jurisdiction, appellant must ask the trial court clerk to prepare one and must notify the clerk of this court that such a request was made. All deadlines in this matter are suspended until further order of the court.
We order the clerk of this court to serve a copy of this order on the trial court, appellant, appellee, and the district clerk.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of March, 2017.
/s/_________
Keith E. Hottle
Clerk of Court