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In re I. H.

Court of Appeals of Texas, Fourth District, San Antonio
Nov 28, 2023
No. 04-23-00971-CV (Tex. App. Nov. 28, 2023)

Opinion

04-23-00971-CV

11-28-2023

IN THE INTEREST OF I. H., a Child


From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2022-PA-01004 Honorable Charles E. Montemayor, Associate Judge Presiding

ORDER

PER CURIAM

On November 2, 2023, Appellant filed a notice of appeal stating her intention to appeal the trial court's order terminating her parental rights. On November 15, 2023, the clerk's record was filed.

The clerk's record includes the trial court's typed notes from October 30, 2023, but a judge's notes "are not the kind of document[] that constitute[s] a judgment, decision or order from which an appeal may be taken." See Goff v. Tuchscherer, 627 S.W.2d 397, 398-99 (Tex. 1982); In re Rivera, No. 04-12-00025-CV, 2012 WL 219591, at *1 (Tex. App.-San Antonio Jan. 25, 2012, no pet.) (mem. op.) ("A copy of the judge's notes in place of an order is not sufficient."); see also 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.").

Except where otherwise authorized by statute, our appellate jurisdiction is limited to review of final judgments or orders. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (noting that generally "an appeal may be taken only from a final judgment"). A final order that terminates a parent's rights is appealable, Tex. Fam. Code Ann. § 263.405(a), but here, the clerk's record does not contain a final order.

We order Appellant to show cause in writing within fifteen days of the date of this order why this appeal should not be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a); Lehmann, 39 S.W.3d at 195. If Appellant fails to respond as ordered, this appeal will be dismissed without further notice. See Tex. Fam. Code Ann. § 263.405(b); In re A.K.P., No. 04-20-00305-CV, 2020 WL 5027398, at *1 (Tex. App.-San Antonio Aug. 26, 2020, no pet.) (mem. op.).

All other appellate deadlines are suspended pending further order of this court.

It is so ORDERED on November 28, 2023.


Summaries of

In re I. H.

Court of Appeals of Texas, Fourth District, San Antonio
Nov 28, 2023
No. 04-23-00971-CV (Tex. App. Nov. 28, 2023)
Case details for

In re I. H.

Case Details

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

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

Date published: Nov 28, 2023

Citations

No. 04-23-00971-CV (Tex. App. Nov. 28, 2023)