Opinion
No. 14-06-01081-CV
Memorandum Opinion filed March 22, 2007.
On Appeal from the 246th District Court Harris County, Texas, Trial Court Cause No. 2005-80464.
Panel consists of Chief Justice HEDGES and Justices FOWLER and EDELMAN.
MEMORANDUM OPINION
According to the notice of appeal, this is an appeal from a judgment or order signed October 11, 2006. The clerk's record was filed January 30, 2007. The record filed with this court does not contain an order or judgment signed October 11, 2006. It appears from this record that only temporary orders have been entered in this cause. Temporary orders in suits affecting the parent-child relationship are not subject to interlocutory appeal. See TEX. FAM. CODE ANN. § 105.001(e) (Vernon Supp. 2006); see also In re Newton, 146 S.W.3d 648, 652 (Tex. 2004) (recognizing that temporary restraining orders are not appealable).
The trial court dismissed this suit for want of prosecution on July 28, 2006. On August 23, 2006, the court signed an order reinstating the case. At that time, appellee, Randy Ortega, requested that the court sign an agreed order incorporating the parties' Rule 11 agreement. The record filed with this court contains only an unsigned order. Appellant filed a motion for new trial on September 15, 2006. The motion was overruled, apparently without a signed order, at the conclusion of a hearing on October 11, 2006.
Accordingly, on February 15, 2007, this court ordered appellant, Stacie Dunford, to file a response demonstrating our jurisdiction over this appeal on or before February 28, 2007. Our order gave appellant notice that failure to comply would result in dismissal of the appeal. See TEX. R. APP. P. 42.3. Appellant filed no response.
Therefore, the appeal is ordered dismissed.