In the Interest of S.H.P., a Child v. the State of Texas
CourtTexas Court of Appeals, 13th District
Date FiledOctober 15, 2026
Docket13-26-00612-CV
StatusPublished
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Full Opinion
NUMBER 13-26-00612-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
IN THE INTEREST OF S.H.P., A CHILD
ON APPEAL FROM THE 430TH DISTRICT COURT
OF HIDALGO COUNTY, TEXAS
MEMORANDUM OPINION
Before Chief Justice Tijerina and Justices Cron and Fonseca
Memorandum Opinion by Chief Justice Tijerina
On August 28, 2026, appellant R.G.P. (Father) filed a notice of appeal to the
referring court and request for a de novo trial. On August 28, 2026, appellant C.M.B.
(Mother) filed a notice of appeal to the referring court also requesting a de novo trial. The
referring court set the matter for a de novo hearing to be held on October 29, 2026. On
September 25, 2026, this Court notified Mother and Father that their notices of appeal did
not comply with Texas Rules of Procedure 25.1(d)(2) and (4) and instructed each party
to take steps to correct the defects.
On October 1, 2026, Mother filed a response to the Court’s September 25, 2026,
notice stating that Mother had filed an appeal to the referring court and a request for a de
novo trial in the referring court and that she had not wished to file an appeal in this Court.
Mother informed the Court that the referring court had “set the matter for De Novo review
pursuant to” her request, and that if the referring court affirms the associate judge’s order,
she will then file a notice of appeal. Mother further requested that this Court “find that the
Notice of Appeal filed by the Trial Counsel was meant for De Novo review, and premature
for review at the Appellate level, and grant [Mother] any other relief to which she is
entitled.” On October 1, 2026, Father filed an amended notice of appeal, seeking an
appeal to this Court, a motion to accept the amended notice of appeal, an emergency
motion to abate the appeal, and a motion to suspend the briefing deadline. In his
emergency motion to abate the appeal, Father requests that the Court grant “a short
abatement to clarify the pending de novo proceedings.”
“An associate judge’s orders or recommendations have only temporary effect,
pending appeal to a referring court.” Chacon v. Chacon, 222 S.W.3d 909, 913 (Tex.
App.—El Paso 2007, no pet.) (citing TEX. FAM. CODE § 201.013(a)); In Interest of C.R-
A.A., No. 04-16-00587-CV, 2016 WL 6238237, at *1 (Tex. App.—San Antonio Oct. 26,
2016, no pet.) (mem. op.). “A party who timely appeals from the report of the associate
judge is entitled to a de novo hearing before the referring court.” In re Talley, No. 07-15-
00198-CV, 2015 WL 3856400, at *2 (Tex. App.—Amarillo June 22, 2015, no pet.) (mem.
op.) (first citing Harrell v. Harrell, 986 S.W.2d 629, 631 (Tex. App.—El Paso 1998, no
pet.); and then citing Santikos v. Santikos, 920 S.W.2d 731, 733 (Tex. App.—Houston
[1st Dist.] 1996, writ denied)); Attorney Gen. of Tex. v. Orr, 989 S.W.2d 464, 469 (Tex.
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App.—Austin 1999, no pet.) (“Considering the language of the statute in view of the
statutory scheme of referring matters to associate judges, we conclude that, when a
notice of appeal is properly filed, the requirement that the referring court hold a de novo
hearing is mandatory.”). “The referring court’s failure to hold a de novo hearing after a
notice of appeal is timely filed is mandatory and presumed harmful.” In re Talley, 2015
WL 3856400, at *2.
Here, Mother and Father timely filed notices of appeal to the referring court
requesting a de novo trial. Therefore, the referring court has a mandatory duty to hold a
de novo trial, which has been set on October 29, 2026. See id. Therefore, Mother’s and
Father’s notices of appeal to this Court are premature, and we lack jurisdiction. See In
Interest of C.R-A.A., No. 04-16-00587-CV, 2016 WL 6238237, at *1 (Tex. App.—San
Antonio Oct. 26, 2016, no pet.) (“Because appellant timely filed a request for a de novo
hearing, appellant’s notice of appeal is premature, as there is no final judgment in this
cause from which to appeal.”). Accordingly, we dismiss the appeal. See id. Any pending
motions are denied as moot. Following rendition of a final judgment or order adopting the
associate judge’s recommendation, any appealing party must file a new notice of appeal.
See id.
JAIME TIJERINA
Chief Justice
Delivered and filed on the
15th day of October, 2026.
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