Opinion
No. 04-18-00562-CV
08-28-2018
IN THE INTEREST OF T.B., G.H., AND E.W.
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2017-PA-00127
Honorable Charles E. Montemayor, Judge Presiding
ORDER
Appellant Mother E.O. has filed a notice of appeal, seeking to appeal Associate Judge Charles Montemayor's order of termination signed August 3, 2018. However, the clerk's record reflects that Father A.H. has timely filed a request for a de novo hearing to the referring court in accordance with section 201.015(a) of the Family Code. See TEX. FAM. CODE ANN. § 201.015(a) (describing procedure for requesting de novo hearing).
In general, an associate judge's report may be considered a final, appealable termination order if it disposes of all the issues and parties in the case. In re E.K.C., 486 S.W.3d 614, 617-18 (Tex. App.—San Antonio 2016, no pet.). An associate judge's report is not a final, appealable order, however, "when a request for a de novo hearing is timely filed." In re C.R.-A.A., No. 04-16-00587-CV, 2016 WL 6238237, at *1 (Tex. App.—San Antonio 2016, no pet.) (mem. op.); see also In re C.O., No. 04-17-00175-CV, 2018 WL 1733178, at *3 (Tex. App.—San Antonio Apr. 11, 2018, no pet.).
Thus, it appears Appellant Mother E.O.'s notice of appeal is premature and we lack jurisdiction over this appeal. We ORDER Appellant Mother E.O. to show cause on or before September 7, 2018 why this appeal should not be dismissed for lack of jurisdiction.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 28th day of August, 2018.
/s/_________
KEITH E. HOTTLE,
Clerk of Court