Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-15-00149-CV
IN THE INTEREST OF K.L.C., J.K.C., and L.E.C., Children
From the 216th Judicial District Court, Kerr County, Texas
Trial Court No. 14658B
Honorable Rex Emerson, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: April 29, 2015
DISMISSED FOR LACK OF JURISDICTION
On March 16, 2015, appellant filed a pro se notice of appeal seeking to appeal a partial
summary judgment in a parental termination case. Although the trial court’s partial summary
judgment determined that appellant committed three acts enumerated in section 161.001(1) of the
Texas Family Code, which are acts permitting the trial court to terminate appellant’s parental
rights, the trial court did not resolve whether termination is in the best interest of the children under
section 161.001(2). Accordingly, the judgment is not a final, appealable judgment. See Houston
Health Clubs, Inc. v. First Court of Appeals, 722 S.W.2d 692, 693 (Tex. 1986); Northeast Indep.
Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966).
04-15-00149-CV
On March 27, 2015, appellant was ordered to show cause why this appeal should not be
dismissed for lack of jurisdiction. Appellant’s written response to the show cause order was due
to be filed on April 13, 2015. No response was filed.
Because the clerk’s record contained an order dated March 23, 2015, appointing an attorney
ad litem for appellant, this court contacted the attorney ad litem regarding the pending show cause
order. The attorney ad litem responded that he had been appointed for the remaining trial matter
involving the best interest of the children only; however, this response confirms that the partial
summary judgment is not a final, appealable judgment because a trial remains pending on the issue
of the best interest of the children. Accordingly, this appeal is dismissed for lack of jurisdiction.
PER CURIAM
-2-