Opinion
No. 10-06-00268-CV
Opinion delivered and filed November 1, 2006.
Appeal from the 19th District Court, McLennan County, Texas, Trial Court No. 2001-2896-1.
Appeal dismissed.
Before Cheif Justice GRAY, Justice VANCE, and, Justice REYNA.
MEMORANDUM OPINION
Five months after the trial court signed an order modifying the parent-child relationship, Stuart Gray, Appellant, filed a petition for de novo review by the administrative judge and a lengthy affidavit in support of the petition. Sherri Schmidt, Appellee, filed special exceptions and a motion to strike evidentiary facts from Gray's petition and affidavit. After a hearing, the trial court granted Schmidt's special exceptions and motion to strike. The petition was not dismissed. Gray now files this attempted appeal from the trial court's order. Because this is an interlocutory order, we dismiss the appeal.
The Clerk of this Court notified Gray by letter that the appeal was subject to dismissal because it appeared that the order from which the appeal was taken was interlocutory and not appealable. Gray responded, "This is not an interlocutory appeal as defined by the rules of civil procedures in the equivalent of any other court division, as this family court matter will not end until the minor child[ren] age out." However, this allegation does not provide any basis for determining that the order is an appealable order.
The trial court's order is interlocutory, and this Court has jurisdiction over an interlocutory appeal only when expressly provided by statute. Stary v. DeBord, 967 S.W.2d 352, 352-53, 41 Tex. Sup. Ct. J. 456 (Tex. 1998). No statute expressly authorizes the interlocutory appeal of the trial court's order.
This appeal is dismissed.