In the Interest of C.F.S., a Child v. the State of Texas
CourtTexas Court of Appeals, 4th District (San Antonio)
Date FiledAugust 26, 2026
Docket04-25-00663-CV
StatusPublished
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Full Opinion
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-25-00663-CV
IN THE INTEREST OF C.F.S., a Child
From the 57th Judicial District Court, Bexar County, Texas
Trial Court No. 2019-CI-07329
Honorable Antonia Arteaga, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Lori I. Valenzuela, Justice
Lori Massey Brissette, Justice
Delivered and Filed: August 26, 2026
DISMISSED FOR WANT OF JURISDICTION
In this case, appellant purports to appeal the trial court’s “judgment or order” “signed on”
September 15, 2025. In the appellant’s brief, appellant acknowledged that “[a]s of December 23,
2025,” there is “no signed written order” pertaining to an initial June 25, 2025 ruling or the
September 15, 2025 ruling on his motion to modify the June 25, 2025 ruling.
The clerk’s record in this case was filed on December 10, 2025. A review of the clerk’s
record confirmed appellant’s statements in the appellant’s brief: there is no signed, written order
or judgment in the clerk’s record. The docket entry for June 25, 2025 and the September 15, 2025
refer to “Judge’s notes.”
04-25-00663-CV
In order for this court to have jurisdiction, an appealable order or judgment must be written
and signed by the trial court. In re M.R.G., No. 04-17-00623-CV, 2017 WL 4938422, at *1 (Tex.
App.—San Antonio Nov. 1, 2017, no pet.) (mem. op.). “An oral ruling, not reduced to writing and
signed by the trial court, is not a final or otherwise appealable judgment or order.” Id.; see TEX. R.
APP. 26.1 (appellate timetable runs from date judgment or order signed); Farmer v. Ben E. Keith
Co., 907 S.W.2d 495, 496 (Tex. 1995) (per curiam). “A trial court’s oral pronouncement and
docket entry are not an acceptable substitute for a written order.” Emerald Oaks Hotel/Conf. Ctr.,
Inc. v. Zardenetta, 776 S.W.2d 577, 578 (Tex. 1989) (per curiam) (orig. proceeding).
It therefore appeared to the court the “order or judgment” appellant desired to appeal was
not appealable. We ordered appellant to show cause in writing to this court no later than August
17, 2026 why this appeal should not be dismissed for lack of jurisdiction. We admonished
appellant that if he failed to file a satisfactory response by the date ordered, the appeal would be
dismissed.
On August 3, 2026, appellant filed a response explaining he asked the trial court to file the
June 25, 2025 and September 15, 2025 orders. But no supplemental clerk’s record containing any
such orders has been filed.
Appellant also raised a new order for appeal filed more than five months after the notice of
appeal: an order entitled “Modified Temporary Orders in Suit to Modify Parent/Child
Relationship.” He claimed that order wrongfully required him to participate in Soberlink
monitoring, as a criminal court order removed his interlock device. However, such temporary
orders—by statute—are not appealable. See TEX. FAM. CODE § 105.001(e) (“Temporary orders
rendered under this section are not subject to interlocutory appeal.”); see, e.g., In re B.V., No. 04-
-2-
04-25-00663-CV
21-00086-CV, 2021 WL 2814896, at *2 (Tex. App.—San Antonio July 7, 2021, no pet.) (mem.
op.) (same).
Accordingly, this appeal is dismissed for want of jurisdiction.
PER CURIAM
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