Opinion
No. 04-17-00623-CV
10-11-2017
IN THE INTEREST OF M.R.G. JR., ET AL
From the 225th Judicial District Court, Bexar County, Texas
Trial Court No. 2016-PA-01168
Honorable Stephani A. Walsh, Judge Presiding
ORDER
Appellant's trial counsel, Rochelle M. Acevedo, filed a notice of appeal, which states "[t]his is a parental termination or child protection case, as defined by T.R.A.P. 28.4." Texas Rule of Appellate Procedure 9.8(b) provides that in all papers submitted to the court, "a minor must be identified only by an alias unless the court orders otherwise." Tex. R. App. P. 9.8(b)(1)(A). The notice of appeal repeatedly identifies a minor child by his full name in violation of Rule 9.8(b). On October 2, 2017, we ordered Ms. Acevedo to file an amended notice of appeal that complied with the Texas Rules of Appellate Procedure.
The clerk's record has been filed, and it reflects the trial court appointed appellant an attorney ad litem, Shawn Sheffield, for purposes of appeal the day before Ms. Acevedo filed the notice of appeal. Our records reflect Mr. Sheffield was notified on October 2, 2017, that the notice of appeal included a minor child's full name in violation Texas Rule of Appellate Procedure 9.8. No amended notice of appeal has been filed.
Furthermore, the clerks' record shows no order of termination has been signed by the trial court, as affirmatively represented by trial counsel in the notice of appeal. An appealable judgment must be written and signed by the trial court. An oral ruling, not reduced to writing and signed by the trial court, is not a final or otherwise appealable judgment or order. See Tex. R. App. P. 26.1 (appellate timetable runs from the date the judgment or order is signed); Farmer v. Ben E. Keith Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam).
We therefore order appellant's appellate counsel, Shawn Sheffield, to file, by October 16, 2017: (1) an amended notice of appeal that complies with the Texas Rules of Appellate Procedure; and (2) a response showing why this appeal should not be dismissed for want of jurisdiction. Counsel is advised that we may strike the notice of appeal if it is not timely amended.
/s/_________
Luz Elena D. Chapa, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 11th day of October, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court