In the Interest of A.K.P., a Child v. . Appeal from 57th 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. 04-20-00305-CV IN THE INTEREST OF A.K.P., a Child From the 57th Judicial District Court, Bexar County, Texas Trial Court No. 2019-PA-01650 Honorable Charles E. Montemayor, Judge Presiding PER CURIAM Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice Delivered and Filed: August 26, 2020 DISMISSED FOR WANT OF JURISDICTION On May 19, 2020, the trial court made notes indicating that it would terminate Appellant’s rights to her children. On June 8, 2020, Appellant Mom 1 filed a notice of appeal. The Texas Family Code authorizes appeal of a final order terminating a parent’s rights to their child in accordance with “the procedures for accelerated appeals in civil cases under the Texas Rules of Appellate Procedure.” TEX. FAM. CODE ANN. § 263.405(a); accord In re D.M.B., 467 S.W.3d 100, 102 (Tex. App.—San Antonio 2015, pet. denied). Generally, “an appeal may be taken only from a final judgment. A judgment is final for purposes of appeal if it disposes of all pending parties and claims in the record, except as necessary to carry out the decree.” Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). In contrast 1 We use aliases for Appellant and the child. See TEX. FAM. CODE ANN. § 109.002(d); TEX. R. APP. P. 9.8(b). 04-20-00305-CV to a signed, final judgment, a judge’s notes are for the court’s convenience and are not a final, appealable order or judgment. In re A.W., 384 S.W.3d 872, 873 (Tex. App.—San Antonio 2012, no pet.) (“[A] judge’s notes are for his or her own convenience and form no part of the record.”); see also In re S.L.M., No. 04-16-00456-CV, 2016 WL 4537664, at *1 (Tex. App.—San Antonio Aug. 31, 2016, no pet.) (mem. op.) (“[A] judge’s notes do not constitute an appealable order.”). On July 16, 2020, we advised Appellant that the record does not contain a signed, final order, and we ordered Appellant to show cause in writing by July 31, 2020, 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 she did not timely file written proof as ordered, this appeal would be dismissed without further notice. To date, Appellant has not filed any response to our July 16, 2020 order. Because the appellate record does not contain a final, appealable order, we dismiss this appeal for want 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.
