In the Interest of M.A.R., a Child v. the State of Texas
Docket 04-26-00185-CV
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Texas
- Court
- Texas Court of Appeals, 4th District (San Antonio)
- Type
- Lead Opinion
- Case type
- Family
- Disposition
- Dismissed
- Docket
- 04-26-00185-CV
Appeal from a trial-court order dismissing a motion to modify child support (appellant sought review but no final order was in the record).
Summary
The Fourth Court of Appeals dismissed an attempted appeal in a child-support modification case for lack of jurisdiction. The appellant filed a notice of appeal after the trial court had entered and then vacated an order dismissing his motion and granted a new trial date; no final, signed order was in the clerk’s record. The appellate court warned the appellant to show cause and to file any supplemental clerk’s record by a deadline, but the appellant did not respond. Because there was no final judgment or appealable order, the court dismissed the appeal.
Issues Decided
- Whether the appellate court had jurisdiction to hear an appeal when no final, signed order was included in the clerk’s record
- Whether the appellant complied with the court's order to show cause and to file a supplemental clerk’s record containing a final order
Court's Reasoning
Texas appellate courts can only review final judgments or orders specifically authorized by statute. The clerk’s record showed the trial court vacated the dismissal order and set a new trial date, and no final, signed order was present. The appellant failed to respond to the court’s show-cause order and did not file the required supplemental clerk’s record, so jurisdiction was lacking and dismissal was required.
Authorities Cited
- McFadin v. Broadway Coffeehouse, LLC539 S.W.3d 278 (Tex. 2018)
- Lehmann v. Har-Con Corp.39 S.W.3d 191 (Tex. 2001)
- Texas Rules of Appellate ProcedureTEX. R. APP. P. 42.3(a), (c)
Parties
- Appellant
- M.A.R. (identified as appellant; child-related matter)
- Judge
- Honorable Maribel Flores
Key Dates
- Notice of appeal filed
- 2026-02-25
- Order dismissing motion (appealed order) dated
- 2026-02-26
- Clerk's record filed in appellate court
- 2026-03-06
- Appellate court show-cause response deadline
- 2026-04-06
- Opinion delivered and filed
- 2026-04-15
What You Should Do Next
- 1
Obtain a final signed order from the trial court
If the trial court has not entered a final judgment or appealable order, request the court to enter a final, signed order resolving the motion to modify child support.
- 2
File or supplement the appellate record if appropriate
If a final order exists, ensure the clerk’s record including that signed order is filed with the appellate court promptly to preserve appellate rights.
- 3
Consult counsel about timing and procedure
Talk with an attorney to confirm whether the vacatur and trial de novo affect appealability and to calculate any applicable deadlines before seeking appellate review.
Frequently Asked Questions
- What did the court decide?
- The appellate court dismissed the appeal because it did not have jurisdiction—there was no final signed order in the record for it to review.
- Who is affected by this decision?
- The appellant who tried to appeal the trial court's dismissal of a child support modification motion is affected; the trial court's case proceeds there absent an appealable order.
- What could the appellant have done differently?
- The appellant needed to file any supplemental clerk's record showing a final, signed order or otherwise demonstrate an appealable order, and respond to the court's show-cause order by the deadline.
- Can this dismissal be appealed?
- Generally there is no further appeal from a dismissal for lack of jurisdiction; the proper next step is to obtain a final order in the trial court and then file a timely appeal.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-26-00185-CV
IN THE INTEREST OF M.A.R., a Child
From the 293rd Judicial District Court, Maverick County, Texas
Trial Court No. 14-11-30314-MCV
Honorable Maribel Flores, Judge Presiding
PER CURIAM
Sitting: Lori Massey Brissette, Justice
Adrian A. Spears II, Justice
H. Todd McCray, Justice
Delivered and Filed: April 15, 2026
DISMISSED FOR LACK OF JURISDICTION
On February 25, 2026, appellant filed a notice of appeal attempting to appeal a February
26, 2026 order dismissing his motion to modify a child support order for want of prosecution. The
clerk’s record was filed on March 6, 2026. It shows the trial court vacated that order and granted
appellant a “trial de novo” for April 9, 2026.
“Unless specifically authorized by statute, Texas appellate courts have jurisdiction only to
review final judgments.” McFadin v. Broadway Coffeehouse, LLC, 539 S.W.3d 278, 283 (Tex.
2018); accord Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because the clerk’s
record did not include a final order, we ordered appellant to show cause in writing by April 6,
2026, why this appeal should not be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a),
04-26-00185-CV
(c). We admonished appellant that if a supplemental clerk’s record was required to show he had
the right to appeal, appellant was required to ensure the supplemental clerk’s record containing a
signed, final order was filed in this court by April 6, 2026. Appellant did not respond to our order,
and no supplemental clerk’s record has been filed.
Accordingly, this appeal is dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a),
(c).
PER CURIAM
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