NO. 07-06-0172-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 8, 2006
______________________________
IN THE INTEREST OF K.C.B., A CHILD
_________________________________
FROM THE 100TH DISTRICT COURT OF COLLINGSWORTH COUNTY;
NO. 6951; HONORABLE PHIL VANDERPOOL, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
MEMORANDUM OPINION
By order dated March 31, 2006, the trial court terminated the parental rights of
appellant Angela Melton. Pursuant to section 201.015 of the Texas Family Code (Vernon
2002), on April 3, 2006, Melton filed a notice of appeal to the referring court requesting de
novo review. The Texas Department of Family and Protective Services responded with a
motion to strike the notice of appeal for de novo review. A hearing was set on the matter.
Meanwhile, Melton filed a notice of appeal with the trial court clerk expressing an intent to
appeal the termination order to this Court. Following the hearing, on June 19, 2006, the
trial court granted Melton’s notice of appeal for de novo review to the referring court.
Pending before this Court is Melton’s motion to dismiss the appeal filed here as
premature. She asserts there is no final judgment from which to appeal. See generally,
Key Western Life Ins. Co. v. State Bd. of Ins., 163 Tex. 11, 350 S.W.2d 839, 846 (1961)
(holding that de novo review is not an appeal, but an independent action). See also Lamar
County Appraisal Dist. v. Campbell Soup Co., 93 S.W.3d 642, 645 (Tex.App.–Texarkana
2002, no pet.) (noting that trial de novo is a new trial on the entire case and cures all
procedural defects in the proceedings below).
We agree with Melton that there is no final judgment and grant the motion to dismiss
the appeal. Having dismissed the appeal at Melton’s request, no motion for rehearing will
be entertained and our mandate will issue forthwith.
Don H. Reavis
Justice
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