COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-11-00039-CV
IN THE INTEREST OF C.M.H.G., A
CHILD
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FROM THE 324TH DISTRICT COURT OF TARRANT COUNTY
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MEMORANDUM OPINION1
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The trial court signed an “Interlocutory Order Adjudicating Parentage under
§ 160.608 of the Family Code” on October 15, 2010, and Appellant subsequently
filed a motion for new trial and a notice of appeal. Concerned that we did not
have jurisdiction over the appeal because the October 15, 2010 order did not
appear to be a final judgment or appealable interlocutory order, we notified the
1
See Tex. R. App. P. 47.4.
parties that the appeal could be dismissed for want of jurisdiction. Appellant
responded and requested that we abate the appeal so that the trial court could
determine any remaining issues and prepare a final judgment. We then abated
this appeal and ordered that a clerk’s record containing the final judgment be
filed not later than April 4, 2011, but we also stated that if the clerk’s record
containing a final judgment was not filed by that date, the appeal could be
dismissed for want of jurisdiction. No clerk’s record or final judgment has been
filed in this court. Accordingly, this appeal is dismissed, without prejudice, for
want of jurisdiction.2 See Tex. R. App. P. 42.3(a), 43.2(f).
ANNE GARDNER
JUSTICE
PANEL: GARDNER, WALKER, and MCCOY, JJ.
DELIVERED: May 5, 2011
2
Appellant’s motion for extension of time to file clerk’s record is denied as
moot.
2
in the Interest of C.M.H.G., a Child
Combined Opinion