In the Interest of A.C., a Child v. the State of Texas

Summary

The Second Court of Appeals of Texas dismissed the appeal for want of jurisdiction because the trial court’s order terminating the mother’s parental rights was interlocutory and did not adjudicate the presumed father’s paternity or parental rights. The court held that the order neither disposed of all parties and claims nor stated with unmistakable clarity that it was a final judgment. The dismissal was without prejudice to a new appeal after entry of a final judgment or severance.

Holdings

1. The order was not a final, appealable judgment because it neither actually disposed of all parties and claims nor stated with unmistakable clarity that it was final as to all parties and claims.
2. An interlocutory parental-termination decree is not appealable because the Legislature has not authorized an interlocutory appeal from such an order.

Questions Presented

1. Whether the trial court's order terminating Mother's parental rights was a final, appealable judgment when the order did not dispose of the presumed father's claims or expressly state with unmistakable clarity that it was final as to all parties and claims.
2. Whether an interlocutory parental-termination order is appealable under Texas law.

Disposition

dismissed