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In re B.D.

Court of Appeals of Texas, Fifth District, Dallas

August 31, 2017

IN THE INTEREST OF B.D., A CHILD

         On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-54333-2011

          Before Chief Justice Wright, Justice Francis, and Justice Stoddart

          MEMORANDUM OPINION

          CAROLYN WRIGHT CHIEF JUSTICE

         Appellant appeals from a judgment following a jury trial on appellee's petition to modify the parent-child relationship. The Court questioned its jurisdiction over this appeal as it appeared the notice of appeal was untimely. We instructed the parties to file letter briefs addressing our concern. The parties complied.

         The trial court conducted a jury trial on February 7, 2017 and appellee filed a motion to sign an order on February 9, 2017. The trial court signed a memorandum on February 22, 2017. The memorandum contains the case name, case number, and trial court name. The body of the memorandum states:

After considering the testimony and evidence presented during the jury trial in the above referenced case and in accordance with the jury verdict, the ruling of the Court is as follows:
. Pursuant to the Jury verdict, it is ORDERED that MOTHER and FATHER will remain joint managing conservators of the child.
. Pursuant to the Jury verdict, it is ORDERED that FATHER will have the exclusive right to determine the primary residence of the child within Collin County.
. It is ORDERED MOTHER will have an expanded standard possession schedule.
. It is ORDERED that MOTHER will pay guideline child support pursuant to MOTHER'S income of $1, 500 net pay every 2 weeks.
. The parties are ORDERED to continue communications using OurFamilyWizard.com.
. Each party is ORDERED to pay for his/her own respective attorney fees.
. Any and all relief not expressly granted is hereby DENIED.

         Appellant filed a motion to suspend enforcement of judgment pending appeal on February 27, 2017. She filed a motion for new trial on March 27, 2017. The trial court signed the order in suit to modify the parent-child relationship on ...


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