In the Interest of L.H., a childAppeal from 45th 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. 04-13-00174-CV IN THE INTEREST OF L.H., a child From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2009-PA-00997 Honorable Dick Alcala, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Marialyn Barnard, Justice Delivered and Filed: July 17, 2013 DISMISSED FOR LACK OF JURISDICTION On March 6, 2013, appellant filed a notice of appeal stating that he intends to appeal the final order of termination rendered on February 21, 2013, by Judge Dick Alcala. The clerk s record, however, does not contain a final order terminating appellant s parental rights to his child, L.H. There is a document called Judge s Notes, dated February 19, 2013, on which the trial court made the following handwritten notations: Hearing held. Termination ordered of parental rights existing between children and respondent parents. Found to be in children s best interest. A judge s handwritten 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.). Thus, the judge s notes contained in the clerk s record do not constitute a final order. See In re A.W., 384 S.W.3d at 873- 04-13-00174-CV 74 (explaining that the handwritten Associate Judge s Report and Order was distinguishable from handwritten judge s notes and thus constituted a final order of termination in that case). Therefore, in an order dated June 13, 2013, we explained that this appeal appeared to be interlocutory and questioned whether we had jurisdiction over it. We ordered appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Appellant has filed a response, agreeing that because a final order has not yet been signed, we lack jurisdiction over this appeal. We therefore dismiss this appeal for lack of jurisdiction. 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.