TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-13-00129-CV
Texas Department of Family & Protective Services, Appellant
v.
M.E. and B.E., Appellees
FROM THE DISTRICT COURT OF COMAL COUNTY, 433RD JUDICIAL DISTRICT
NO. C2011-0351D, HONORABLE DIB WALDRIP, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Texas Department of Family & Protective Services appeals from the trial
court’s order granting directed verdict for appellees. Appellant submitted a letter to this Court on
April 4, 2013, advising this Court that a final order has not yet been signed.
Texas Rule of Appellant Procedure 27.2 provides that an appellate court may permit
a party to cure a prematurely filed appeal by allowing “an appealed order that is not final to be
modified so as to be made final and may allow the modified order and all proceedings relating to it
to be included in a supplemental record.” Tex. R. App. P. 27.2. We, therefore, abate this appeal to
give the Department 60 days after the date of this order to take action to cure the jurisdictional defect
and to pay for and request a supplemental clerk’s record containing a final order. Failure to
comply with this order will result in dismissal of this appeal for want of jurisdiction. See Tex. R.
App. P. 42.3(a).
__________________________________________
Melissa Goodwin, Justice
Before Chief Justice Jones, Justices Goodwin and Field
Abated
Filed: April 26, 2013
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