TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-14-00753-CV
K. E. M., Appellant
v.
Texas Department of Family and Protective Services, Appellee
FROM THE DISTRICT COURT OF COMAL COUNTY, 274TH DISTRICT
NO. C2010-0893C, HONORABLE CHARLES A. STEPHENS, II, JUDGE PRESIDING
ORDER
PER CURIAM
Appellant filed a notice of appeal on November 13, 2014. She states that she is
appealing an order dated November 4, 2014. On that date, an associate judge signed a “final order
modifying prior order and decree in suit affecting the parent-child relationship.” In addition to that
order, the clerk’s record includes appellant’s request for a de novo hearing that was filed on
November 5, 2014, and an order dated November 24, 2014, signed by the district judge. See Tex.
Fam. Code § 201.016 (addressing appellate review); see also Tex. Civ. Prac. & Rem. Code § 51.104
(appeals of interlocutory orders); Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex.
2001) (interlocutory orders appealable only if permitted by statute).
On December 5, 2014, the Clerk of this Court requested a response from appellant
by December 15, 2014. The Clerk requested that appellant amend her notice of appeal to correct any
defect or omission, see Tex. R. App. P. 25.1(g), or file a response explaining the basis on which this
Court may exercise jurisdiction over this appeal. On January 6, 2015, the Clerk of this Court advised
appellant that her response to this Court’s December 5, 2014, letter was overdue, and requested a
response by January 16, 2015. See Tex. R. App. P. 42.3(a).
This Court received a letter in the mail from appellant’s counsel dated
January 7, 2015. The letter included an amended notice of appeal. On January 12, 2015, the Clerk
of this Court returned the letter to appellant’s counsel and requested that the returned letter be
electronically filed on or before January 16, 2015. See Tex. R. App. P. 9.2(c) (requiring attorneys
in civil cases to file documents electronically). The amended notice of appeal also did not include
proof of service. See Tex. R. App. P. 9.5. Counsel is ordered to file the amended notice of appeal
in accordance with the Texas Rules of Appellate Procedure on or before February 23, 2015. The
failure to do so will result in dismissal of this case for want of jurisdiction.
It is so ordered February 13, 2015.
Before Chief Justice Rose, Justices Goodwin and Field
2
K. E. M. v. Texas Department of Family and Protective Services
Combined Opinion