CHIEF JUSTICE LISA MATZ
CAROLYN WRIGHT CLERK OF THE COURT
(214) 712-3450
JUSTICES theclerk@5th.txcourts.gov
DAVID L. BRIDGES
MOLLY FRANCIS GAYLE HUMPA
DOUGLAS S. LANG BUSINESS ADMINISTRATOR
ELIZABETH LANG-MIERS (214) 712-3434
ROBERT M. FILLMORE gayle.humpa@5th.txcourts.gov
LANA MYERS Court of Appeals
DAVID EVANS FACSIMILE
ADA BROWN Fifth District of Texas at Dallas (214) 745-1083
CRAIG STODDART
600 COMMERCE STREET, SUITE 200
BILL WHITEHILL INTERNET
DAVID J. SCHENCK DALLAS, TEXAS 75202 WWW.TXCOURTS.GOV/5THCOA.ASPX
JASON BOATRIGHT (214) 712-3400
June 5, 2018
Ms. Ashley Adkins
3400 Craig Dr., Apt. #1335
McKinney, Texas 75070
Mr. Casey Boyd
Basinger Leggett Clemons Shore Crandall, PLLC
5700 Granite Pkwy., Suite 950
Plano, Texas 75024
RE: Court of Appeals Number: 05-18-00486-CV
Trial Court Case Number: 416-51874-2013
Style: In the Interest of A.R.J., a Child
Dear Concerned:
The Court has reviewed the clerk’s record and questions its jurisdiction over this appeal.
Specifically, it appears the trial court lacked jurisdiction to sign the Clarified Final Order in Suit
to Modify Parent-Child Relationship. As a consequence, the notice of appeal appears untimely.
The trial court signed the Order in Suit to Modify Parent-Child Relationship on June 2,
2017. Appellee timely filed a motion to modify on June 28, 2017. It appears the motion to
modify was overruled by operation of law. Accordingly, the trial court lost plenary power on
September 11, 2017 and lacked jurisdiction when it signed the clarified final order on March 14,
2018. See TEX. R. CIV. P. 329b(e). With the June 2 order being the operative order, the notice of
appeal was due on August 31, 2017, ninety days after the order was signed. See TEX. R. APP. P.
26.1(a).
So that the Court can determine its jurisdiction over the appeal, appellant is requested to
file, by June 18, 2018, a letter brief of no more than 3 pages explaining how this Court has
jurisdiction over this appeal. Appellee may file a responsive letter brief of no more than 3 pages
within 10 days of appellant’s brief. No extension of time will be granted. If any party will be
relying on information not in the record before this Court, that party must obtain a supplemental
clerk’s record from the trial court containing that information.
The Court SUSPENDS the current deadline for appellant’s brief on the merits. After it
has received briefs regarding the jurisdictional issue, the Court will either (1) dismiss the appeal
for want of jurisdiction or (2) notify the parties by letter that the Court appears to have
jurisdiction over the appeal and set a new deadline for appellant’s brief on the merits. We
caution appellant that failure to file a jurisdictional brief by June 18, 2018 may result in dismissal
of the appeal without further notice.
Respectfully,
/s/ Lisa Matz, Clerk of the Court
LM/rz
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