Opinion
No. 04-16-00817-CV
02-14-2017
IN THE INTEREST OF J.S.
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2014PA00345
Honorable Charles E. Montemayor, Judge Presiding
ORDER
This is an accelerated appeal from a trial court's order terminating appellant's parental rights. The clerk's record was filed on December 22, 2016. Our review of the original clerk's record showed appellant filed a notice of appeal on December 5, 2016, in which he contends he is appealing an order of termination signed November 29, 2016. However, after reviewing the clerk's record, we found the document completed by the trial court on that date was merely "Judge's Notes," which did not constitute a final judgment. The original clerk's record did not include any other document that could be construed as a final order of termination. Accordingly, this court issued a show cause order advising that it appeared there was no final order of termination from which an appeal could be taken. We ordered appellant to file a response showing cause why we should not dismiss the appeal for want of jurisdiction.
On February 9, 2017, a supplemental clerk's record was filed in this court. The record includes a final order of termination. On February 10, 2017, appointed appellate counsel filed a response to our show cause order, noting the trial court's rendition of a final order of termination and the filing of the same in this court. Based on the filing of the supplemental clerk's record, this court now has a final order of termination for purposes of appellate jurisdiction.
However, when appellant's trial counsel filed the notice of appeal, she also requested a de novo hearing of the associate judge's ruling. This request, like the notice of appeal, was prematurely filed because no final order of termination had been signed at the time the request was filed. A deputy clerk of this court has been informed that no de novo hearing has been held or scheduled as of the date of this order. When appellate counsel, Mr. Joseph Bohac, responded to this court's show cause order, he did not mention the request for de novo review, i.e., whether he intends to pursue de novo review or abandon it on behalf of appellant. A determination of appellant's intent with regard to pursuing de novo review is critical to this court's setting of deadlines for purposes of appellate review.
Accordingly, we ORDER appellant's counsel, Mr. Joseph Bohac, to file a written response in this court on or before Friday, February 17, 2017, advising this court whether he intends to pursue de novo review on behalf of his client or intends to abandon the request for de novo review.
We order the clerk of this court to serve a copy of this order on the trial court, all counsel, and the court reporter.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 14th day of February, 2017.
/s/_________
Keith E. Hottle
Clerk of Court