In re Ruben DeLeon--Appeal from 38th Judicial District Court of Medina County

PER CURIAM

Sitting: Alma L. L pez, Chief Justice

Sarah B. Duncan, Justice

Karen Angelini, Justice

Delivered and Filed: June 30, 2004

DISMISSED FOR LACK OF JURISDICTION

Ruben DeLeon ("DeLeon") filed a petition for writ of habeas corpus seeking an out-of-time appeal from the termination of his parental rights. This court has limited jurisdiction to issue writs of habeas corpus. See In re Gonzalez, No. 04-02-00799-CV, 2002 WL 31695086, at *1 (Tex. App.--San Antonio Dec. 4, 2002, orig. proceeding) (not designated for publication). Our jurisdiction extends only to those situations where "a person is restrained in his liberty ... by virtue of an order, process, or commitment issued by a court or judge because of the violation of an order, judgment, or decree previously made, rendered, or entered by the court or judge in a civil case." Tex. Gov't Code Ann. 22.221(d) (Vernon 2004). DeLeon's petition does not seek relief from such an order, process, or commitment. Accordingly, DeLeon's petition for writ of habeas corpus is dismissed for lack of jurisdiction. (2)

PER CURIAM

1. This proceeding arises out of Cause No. 01-07-15611-CV, styled In the Interest of K.M.C, a Child, from the 38th Judicial District Court, Medina County, Texas, the Honorable Watt Murrah presiding.

2. We are unaware of an instance where the Texas Supreme Court has granted an out-of-time appeal in a parental termination case. See In re W.J.B, Jr., No. 11-03-00407-CV, 2004 WL 1174875, at *2 (Tex. App.--Eastland May 17, 2004, no pet.) (not designated for publication),