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In re Z.M.W.

Court of Appeals of Texas, Fourth District, San Antonio
Apr 26, 2023
No. 04-23-00102-CV (Tex. App. Apr. 26, 2023)

Opinion

04-23-00102-CV

04-26-2023

IN THE INTEREST OF Z.M.W.


From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2022-PA-00462 Honorable Charles E. Montemayor, Associate Judge Presiding

Sitting: Patricia O. Alvarez, Justice Liza A. Rodriguez, Justice Lori I. Valenzuela, Justice

MEMORANDUM OPINION

PER CURIAM.

The clerk's record reflects that on January 19, 2023, the trial court made notes indicating that it would terminate appellant's parental rights to her child. Appellant then filed a notice of appeal stating that she desired to appeal from the trial court's January 19, 2023 order.

The Texas Family Code authorizes appeal of a final order terminating a parent's rights to a child in accordance with "the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure." Tex. Fam. Code § 263.405(a); accord In re D.M.B., 467 S.W.3d 100, 102 (Tex. App.-San Antonio 2015, pet. denied). Generally, "an appeal may be taken only from a final judgment. A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record, except as necessary to carry out the decree." Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). In contrast to a signed, final judgment, a judge's notes are for the court's convenience and are not a final, appealable order or judgment. In re A.W., 384 S.W.3d 872, 873 (Tex. App.-San Antonio 2012, no pet.) ("[A] judge's notes are for his or her own convenience and form no part of the record."); see also In re S.L.M., No. 04-16-00456-CV, 2016 WL 4537664, at *1 (Tex. App.-San Antonio Aug. 31, 2016, no pet.) ("[A] judge's notes do not constitute an appealable order.").

On February 22, 2023, we ordered appellant to show cause in writing by March 9, 2023 why this appeal should not be dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a), (c); In re A.K.P., No. 04-20-00305-CV, 2020 WL 5027398, at *1 (Tex. App.-San Antonio Aug. 26, 2020, pet denied) (dismissing parental termination appeal from judge's notes for lack of jurisdiction). No response has been filed by appellant. We therefore dismiss this appeal for lack of jurisdiction.


Summaries of

In re Z.M.W.

Court of Appeals of Texas, Fourth District, San Antonio
Apr 26, 2023
No. 04-23-00102-CV (Tex. App. Apr. 26, 2023)
Case details for

In re Z.M.W.

Case Details

Full title:IN THE INTEREST OF Z.M.W.

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

Date published: Apr 26, 2023

Citations

No. 04-23-00102-CV (Tex. App. Apr. 26, 2023)