Opinion
05-20-01085-CV
06-15-2021
IN THE INTEREST OF T.C.N., A CHILD
On Appeal from the 255th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-17-15940
Before Chief Justice Burns, Justice Molberg, and Justice GoldsteinMEMORANDUM OPINION
KEN MOLBERG JUSTICE
We questioned our jurisdiction over this appeal from the trial court's order dismissing appellant's petition to modify parent-child relationship as it appeared other claims remained pending and the appeal was premature. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appeal may be taken only from final judgment that disposes of all issues and parties). Specifically, paternal grandmother had filed a petition for grandparent access, and no order appeared to dispose of grandmother's claims.
In jurisdictional briefing filed at the Court's request, appellant does not dispute grandmother's petition has not been disposed of by written order, but asserts the petition was orally stricken for lack of standing and, therefore, no claims remain. As appellee points out, however, an oral ruling must be reduced to writing and signed by the trial court. See Tex. R. Civ. P. 306a(2); Dunn v. Dunn, 439 S.W.3d 830, 832 (Tex. 1969) (trial court has ministerial duty to sign judgment after oral rendition).
Because no written order has been signed disposing of grandmother's claims, the appeal is premature and we lack jurisdiction over it. Accordingly, we dismiss the appeal. See Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellee Attauyo Nkere Nsekhe recover his costs, if any, of this appeal from appellant Gelina Batts.
Judgment entered this 15th day of June, 2021.