Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00395-CV
IN THE INTEREST OF C.M., a Child
From the 37th Judicial District Court, Bexar County, Texas
Trial Court No. 2004-CI-13517
Honorable Dick Alcala, Judge Presiding
PER CURIAM
Sitting: Rebecca Simmons, Justice
Steven C. Hilbig, Justice
Marialyn Barnard, Justice
Delivered and Filed: November 7, 2012
DISMISSED FOR WANT OF JURISDICTION
Appellant Henry Magallanes filed a notice of appeal complaining of the judgment or
order “rendered on June 25, 2012.” The clerk’s record does not contain such a judgment or
order. Further, the clerk’s record does not appear to contain a final, appealable order. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (noting that generally “an appeal
may be taken only from a final judgment”).
On October 4, 2012, we notified appellant that the clerk’s record does not appear to
contain a final, appealable order; we ordered appellant to show cause in writing not later than
October 19, 2012, 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 he did not show cause
04-12-00395-CV
within the time provided why this court has jurisdiction over this appeal, the appeal would be
dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195.
On October 31, 2012, appellant filed a response to our October 4, 2012 order.
Appellant’s response stated the parties have agreed to a disposition of the matter; it included a
copy of a final order in the underlying cause dated October 31, 2012. However, appellant’s
response failed to show how we have jurisdiction in this appeal over the “order rendered on June
25, 2012.”
Therefore, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a);
Lehmann, 39 S.W.3d at 195. Costs of this appeal are taxed against appellant.
PER CURIAM
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