Opinion
05-23-00855-CV
12-16-2024
IN THE INTEREST OF V.I.P.M., A CHILD
On Appeal from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-13-02616-Y
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
We abated this appeal upon appellant's removal of the action to federal district court. As reflected in the clerk's record of appellate cause number 05-23-01309-CV, In the Interest of V.I.P.M., A Child, an appeal stemming from the same underlying case, the federal district court has remanded the action. Included in that record is a copy of the order of remand. We take judicial notice of the order and REINSTATE this appeal. See Tex. R. Evid. 201; Gonzalez v. Guilbot, 315 S.W.3d 533, 537 (Tex. 2010).
We note that the trial court's order granting change of name of child, one of the orders that is the subject of this appeal and the trial court's final judgment, was signed after the case was removed to federal district court. It appears, therefore, that the order is void and we lack jurisdiction over the merits of the appeal. See Freedom Commc'n, Inc. v. Coronado, 372 S.W.3d 621, 623 (Tex. 2012) ("[A]ppellate courts do not have jurisdiction to address the merits of appeals from void orders or judgments."); Meyerland Co. v. Fed. Deposit Ins. Corp., 848 S.W.2d 82, 83 (Tex. 1993) (order) (quoting 28 U.S.C. § 1446(d)) ("Once removal is effected, 'the State court shall proceed no further unless and until the case is remanded.'"). Accordingly, the appeal is subject to dismissal unless any party files, no later than January 6, 2025, a letter brief demonstrating our jurisdiction. See State ex rel Latty v. Owens, 907 S.W.2d 484, 486 (Tex. 1995) (per curiam). Should any party file a letter brief, the other party may file a response within ten days.