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In Interest of J.E.H.

Court of Appeals of Texas, Second District, Fort Worth
Aug 19, 2004
No. 02-04-188-CV (Tex. App. Aug. 19, 2004)

Opinion

No. 02-04-188-CV

Delivered: August 19, 2004.

Appeal from the 322nd District Court of Tarrant County.

Robert T. Stites, Law Offices of Robert T. Stites, Fort Worth, TX, for appellant.

J. Steven King, Fort Worth, TX, for appellee.

Panel D: CAYCE, C.J.; LIVINGSTON and DAUPHINOT, JJ.


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


Karen M.H. is attempting to appeal the trial court's oral ruling granting grandparent visitation, access, and/or possession to J.E.H. Appellant's notice of appeal is premature because the trial court has not signed an order granting the visitation. See Tex.R.App.P. 26.1(a). A trial court's oral pronouncement and docket entry are not an acceptable substitute for a written order. Emerald Oaks Hotel/Conf. Ctr., Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (orig. proceeding); McCormack v. Guillot, 597 S.W.2d 345, 346 (Tex. 1980) (orig. proceeding). A prematurely filed notice of appeal is not effective until the appellate deadline is triggered and therefore does not vest this court with jurisdiction over the appeal. See Tex.R.App.P. 25.1(b), 27.1(a).

On July 6, 2004, we notified appellant that her appeal was subject to dismissal for want of jurisdiction unless she furnished the court a copy of the signed order by July 26, 2004. No signed order has been tendered or filed. Accordingly, we dismiss the appeal for want of jurisdiction. Tex.R.App.P. 42.3(a), 43.2(f).


Summaries of

In Interest of J.E.H.

Court of Appeals of Texas, Second District, Fort Worth
Aug 19, 2004
No. 02-04-188-CV (Tex. App. Aug. 19, 2004)
Case details for

In Interest of J.E.H.

Case Details

Full title:IN THE INTEREST OF J.E.H., a Child

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Aug 19, 2004

Citations

No. 02-04-188-CV (Tex. App. Aug. 19, 2004)