Opinion
No. 04-17-00224-CV
05-09-2017
TEXAS DEPARTMENT OF AGING AND DISABILITY SERVICES dba San Antonio State Supported Living Center, Appellant v. Adrian COMER, Appellee
From the 438th Judicial District Court, Bexar County, Texas
Trial Court No. 2016CI12399
Honorable Rosie Alvarado, Judge Presiding
ORDER
On April 11, 2017, Appellant Texas Department of Aging and Disability Services d/b/a San Antonio State Supported Living Center filed a notice of appeal stating that it intends to appeal from the trial court's April 5, 2017 order denying its plea to the jurisdiction. The clerk's record, however, does not reflect that the trial court signed an order on April 5, 2017. Instead, the clerk's record contains "Judge's Notes" from April 5, 2017. "Judge's Notes" "are for his or her own convenience and form no part of the record." In re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio 2012, no pet.). "Judge's Notes" do not constitute an order from which an appeal can be taken. See id.
As the clerk's record does not include an order from which an appeal can be taken, we ORDER appellant to show cause on or before May 19, 2017, why this appeal should not be dismissed for lack of jurisdiction. All appellate deadlines are suspended pending further order of this Court. Appellant's motion for extension of time to file appellant's brief is DENIED AS MOOT.
/s/_________
Karen Angelini, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 9th day of May, 2017.
/s/_________
Keith E. Hottle
Clerk of Court