In the Interest of C.M., A Child v. --Appeal from 37th Judicial District Court of Bexar County (memorandum opinion per curiam)

 Annotate this Case
Download PDF
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-12-00395-CV IN THE INTEREST OF C.M., a Child From the 37th Judicial District Court, Bexar County, Texas Trial Court No. 2004-CI-13517 Honorable Dick Alcala, Judge Presiding PER CURIAM Sitting: Rebecca Simmons, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: November 7, 2012 DISMISSED FOR WANT OF JURISDICTION Appellant Henry Magallanes filed a notice of appeal complaining of the judgment or order rendered on June 25, 2012. The clerk s record does not contain such a judgment or order. Further, the clerk s record does not appear to contain a final, appealable order. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (noting that generally an appeal may be taken only from a final judgment ). On October 4, 2012, we notified appellant that the clerk s record does not appear to contain a final, appealable order; we ordered appellant to show cause in writing not later than October 19, 2012, why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. We warned appellant that if he did not show cause 04-12-00395-CV within the time provided why this court has jurisdiction over this appeal, the appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. On October 31, 2012, appellant filed a response to our October 4, 2012 order. Appellant s response stated the parties have agreed to a disposition of the matter; it included a copy of a final order in the underlying cause dated October 31, 2012. However, appellant s response failed to show how we have jurisdiction in this appeal over the order rendered on June 25, 2012. Therefore, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195. Costs of this appeal are taxed against appellant. PER CURIAM -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.