In the Interest of M.A.G., et al., Children--Appeal from 131st Judicial District Court of Bexar County

MEMORANDUM OPINION
No. 04-04-00656-CV
IN THE INTEREST OF M.A.G, J.T.G, and M.G, CHILDREN
From the 131st Judicial District Court, Bexar County, Texas
Trial Court No. 2003-PA-02144
Honorable Andy Mireles, Judge Presiding

PER CURIAM

Sitting: Catherine Stone, Justice

Paul W. Green, Justice

Sarah B. Duncan, Justice

Delivered and Filed: October 20, 2004

DISMISSED FOR WANT OF JURISDICTION

Generally, a judgment must dispose of all of the parties and of all of the issues to be appealable. N. E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893 (Tex. 1966). An appeal in a suit affecting the parent/child relationship may be taken "from a final order . . . as in civil cases generally." Tex. Fam. Code Ann. 109.002 (Vernon 2002). In this case, the trial court signed an order on July 23, 2004 terminating Catherine Mercer's and Michael Eric Gold's parental rights to M.A.G., J.T.G., and M.G. Mercer timely perfected an appeal of this order on August 12, 2004. However, on August 20, 2004, the trial court granted a motion for new trial filed by the Department of Protective and Family Services. On September 30, 2004, Mercer filed a motion in this court acknowledging that the trial court's July 23, 2004 order is not a final appealable order due to the trial court's subsequent new trial order. Because Mercer does not appeal from a final judgment or an appealable interlocutory order, we have no jurisdiction to entertain this appeal. See Aguirre v. Tex. Dep't of Protective and Regulatory Serv., 917 S.W.2d 462, 465 (Tex. App.--Austin 1996, no writ). Therefore, the appeal is dismissed. It is further ordered that Mercer's motion to abate the appeal is denied.

PER CURIAM