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In re I.M.B.

Fourth Court of Appeals San Antonio, Texas
Jun 13, 2013
No. 04-13-00174-CV (Tex. App. Jun. 13, 2013)

Opinion

No. 04-13-00174-CV

06-13-2013

IN THE INTEREST OF I.M.B. ET AL CHILDREN


From the 45th Judicial District Court, Bexar County, Texas

Trial Court No. 2009-PA-00997

Honorable Dick Alcala, Judge Presiding


ORDER

On March 6, 2013, appellant filed a notice of appeal stating that he intends to appeal the final order of termination rendered on February 21, 2013, by Judge Dick Alcala. The clerk's record, however, does not contain a final order terminating appellant's parental rights. There is a document called "Judge's Notes," dated February 19, 2013, on which the trial court made the following handwritten notations:

Hearing held. Termination ordered of parental rights existing between children and respondent parents. Found to be in children's best interest.
A judge's handwritten notes are for his or her own convenience and form no part of the record. In re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio 2012, no pet.). Thus, the judge's notes contained in the clerk's record do not constitute a final order. See In re A.W., 384 S.W.3d at 873-74 (explaining that the handwritten "Associate Judge's Report and Order" was distinguishable from handwritten judge's notes and thus constituted a final order of termination in that case).

It therefore appears that this appeal is interlocutory and that we do not have jurisdiction over this appeal. We ORDER appellant to show cause in writing by June 28, 2013 why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.

______________

Karen Angelini, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 13th day of June, 2013.

___________

Keith E. Hottle

Clerk of Court


Summaries of

In re I.M.B.

Fourth Court of Appeals San Antonio, Texas
Jun 13, 2013
No. 04-13-00174-CV (Tex. App. Jun. 13, 2013)
Case details for

In re I.M.B.

Case Details

Full title:IN THE INTEREST OF I.M.B. ET AL CHILDREN

Court:Fourth Court of Appeals San Antonio, Texas

Date published: Jun 13, 2013

Citations

No. 04-13-00174-CV (Tex. App. Jun. 13, 2013)