Opinion
04-24-00477-CV
08-14-2024
IN THE INTEREST OF S.D.H., L.D.H. AND C.D.H., Children
From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2020-CI-16721 Honorable Nadine Melissa Nieto, Judge Presiding.
ORDER
Irene Rios, Justice
On July 15, 2024, appellant filed a notice of restricted appeal challenging a November 15, 2023 protective order. To prevail in a restricted appeal, the appealing party must show: (1) he filed his notice of restricted appeal within six months after the judgment was signed; (2) he was a party to the underlying lawsuit; (3) he did not participate in the hearing that resulted in the challenged judgment and did not timely file any post-judgment motions or requests for findings of fact and conclusions of law; and (4) error is apparent on the face of the record. See Tex. R. App. P. 30; Alexander v. Lynda's Boutique, 134 S.W.3d 845, 848 (Tex. 2004). The Texas Supreme Court has held that the first three requirements of a restricted appeal are jurisdictional. Ex parte E.H., 602 S.W.3d 486, 496-97 (Tex. 2020).
The clerk's record, which was filed in this court on August 8, 2024, shows that appellant timely filed a request for findings of fact and conclusions of law on December 4, 2023 and timely filed a motion for new trial on December 7, 2023. The record further shows that appellant did not file his notice of restricted appeal within six months of the November 15, 2023 protective order. For these reasons, the record appears to show we lack jurisdiction to consider this restricted appeal. See Tex. R. App. P. 30; Ex parte E.H., 602 S.W.3d at 496-97.
We therefore ORDER appellant to show cause why this appeal should not be dismissed for lack of jurisdiction by August 29, 2024. All other appellate deadlines are suspended until further order of this court.