In the Matter of B.N.C.--Appeal from 81st Judicial District Court of Wilson County

MEMORANDUM OPINION

No. 04-02-00788-CV

IN THE MATTER OF B.N.C., a Minor

From the 81st Judicial District Court, Wilson County, Texas

Trial Court No. J-335

Honorable Stella Saxon, Judge Presiding

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Catherine Stone, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: March 19, 2003

DISMISSED FOR LACK OF JURISDICTION

On October 15, 2002, B.N.C., the child and appellant herein, and her attorney signed a Stipulation of Evidence, a Waiver of Right of Appeal From Adjudication Hearing, and a Waiver of Right of Appeal From Disposition Hearing. Also on October 15th, the trial court signed an Adjudication of Judgment and a Disposition Order. On October 28, 2002, appellant filed with the trial court a Motion for Leave to Appeal. Attached to the motion is a copy of a Notice of Appeal. The record does not indicate the trial court gave appellant permission to appeal.

A child who enters a plea or agrees to a stipulation of evidence in a proceeding held under the Juvenile Justice Code may not appeal an order of the juvenile court entered under Family Code sections 54.03, 54.04, or 54.05 if the court makes a disposition in accordance with the agreement between the State and the child regarding the disposition of the case, "unless: (1) the court gives the child permission to appeal; or (2) the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence." Tex. Fam. Code Ann. 56.01(n) (Vernon 2002). The notice of appeal does not indicate whether either condition of Family Code section 56.01(n) has been met. Accordingly, on February 19, 2003, this court ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction.

On March 7, 2003, appellant filed a Jurisdictional Statement Showing Jurisdiction Lies For Appellate Review. In her Jurisdictional Statement, appellant acknowledges that the trial court did not rule on her Motion for Leave to Appeal, but she contends this court has jurisdiction over this appeal because she has complied with Family Code section 56.01(n)(2). In support of her assertion "that the appeal is based on a matter raised by written motion filed before the proceeding in which the child entered the plea or agreed to the stipulation of evidence," appellant attached to her Jurisdictional Statement a copy of a Petition for Writ of Habeas Corpus and an Application for Temporary Restraining Order or Petition for Writ of Injunction. The Petition for Writ of Habeas Corpus is not file-stamped by the trial court clerk or signed by appellant's representative. The Application for Temporary Restraining Order or Petition for Writ of Injunction was filed in a civil matter under a different cause number and not in the "proceeding in which the child entered the plea or agreed to the stipulation of evidence."

Because the requirements of Family Code section 56.01(n) have not been satisfied, this appeal is dismissed for lack of jurisdiction. See Tex. R. App. P. 42.3(a). Appellant's motion for copy of appellate record is denied as moot. All pending motions filed by appellee on March 11, 2003 are denied as moot.

PER CURIAM

PUBLISH