From Casetext: Smarter Legal Research

In Matter of N.L.H.

Court of Appeals of Texas, Second District, Fort Worth
Feb 12, 2004
No. 02-03-253-CV (Tex. App. Feb. 12, 2004)

Opinion

No. 02-03-253-CV.

Delivered: February 12, 2004.

Appeal from the 323rd District Court of Tarrant County.

Michael Berger, Fort Worth for Appellant.

Tim Curry, Tarrant County District Attorney, Fort Worth for Appellee.

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


MEMORANDUM OPINION

See Tex.R.App.P. 47.4.


N.L.H. is attempting to appeal from the trial court's oral ruling granting the State's motion to transfer appellant's determinate sentence probation to an appropriate district court on her eighteenth birthday. See Tex. Fam. Code Ann. § 54.051(d) (Vernon Supp. 2004). Appellant's notice of appeal is premature because the trial court has not signed an order granting the transfer. See Tex.R.App.P. 26.1(a). A trial court's oral pronouncement is 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 January 5, 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 transfer order by January 15, 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 Matter of N.L.H.

Court of Appeals of Texas, Second District, Fort Worth
Feb 12, 2004
No. 02-03-253-CV (Tex. App. Feb. 12, 2004)
Case details for

In Matter of N.L.H.

Case Details

Full title:IN THE MATTER OF N.L.H

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

Date published: Feb 12, 2004

Citations

No. 02-03-253-CV (Tex. App. Feb. 12, 2004)