Opinion
No. 04-17-00556-CV
10-06-2017
IN THE INTEREST OF S.R.V., a Child
From the 407th Judicial District Court, Bexar County, Texas
Trial Court No. 2016PA01961
Honorable Richard Garcia, Judge Presiding
ORDER
This is an accelerated appeal from a trial court's order terminating appellant's parental rights. On September 11, 2017, the district clerk filed the clerk's record, which contained a handwritten Associate Judge's Report signed on August 23, 2017. The report indicates a trial on the merits was held on August 18, 2017, giving rise to a presumption of finality. See In re A.W., 384 S.W.3d 872 (Tex. App.—San Antonio 2012, no pet.). The report also indicates the trial court rendered an order terminating both Mother and Father's parental rights, specifically stating:
Order
3. Rendered on 8/18/17 on record
A. [T]ermination Mother and Father grounds stated on record by ADA for Pet[.]; best interest evidence is clear and convincing
After reviewing the report, it appeared the handwritten report was a final and appealable order. See id. (holding handwritten Associate Judge's Report which states trial on merits was held and order of termination was rendered is final and appealable order). However, the order did not contain specific findings as required by section 161.001 of the Texas Family Code. See TEX. FAM. CODE ANN. § 161.001(b)(1) (West Supp. 2015) (stating court may order termination of parent-child relationship if court finds by clear and convincing evidence that the parent has engaged in one of the outlined acts). We therefore ordered the appeal abated and remanded the appeal to the trial court with instructions to enter an order of termination with specific findings as required by section 161.001 of the Texas Family Code on or before October 11, 2017. We further ordered the district clerk to file in this court, on or before ten days after the trial court renders its order, a supplemental clerk's record containing the trial court's order of termination containing specific findings.
On October 6, 2017, the district clerk filed a supplemental clerk's record containing an order of termination signed on October 6, 2017. The order contains specific findings as required by section 161.001 of the Texas Family Code. Because the clerk's record, the reporter's record, and a supplemental clerk's record containing the order of termination with specific findings have now been filed, we ORDER the appellate deadlines reinstated and ORDER appellant to file her brief in this court on or before October 26, 2017. See id. R. 38.6(a)(1).
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 6th day of October, 2017.
/s/_________
KEITH E. HOTTLE,
Clerk of Court