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In re J.S.S.

Court of Appeals of Texas, Fifth District, Dallas
Jul 19, 2022
No. 05-22-00217-CV (Tex. App. Jul. 19, 2022)

Opinion

05-22-00217-CV

07-19-2022

IN THE INTEREST OF J.S.S., A CHILD


On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-55770-2020

Before Justices Molberg, Reichek, and Garcia

MEMORANDUM OPINION

KEN MOLBERG JUSTICE

It is well-settled that an appeal can only be taken from a signed final judgment that disposes of all parties and claims or signed interlocutory orders as authorized by statute. See Tex. R. App. P. 26.1; Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding). Because the challenged actions in this appeal- (1) the trial court's non-memorialized ruling on appellee's motion for sanctions and enforcement of final order in suit affecting parent-child relationship and (2) the district clerk's rejection of two documents appellant submitted electronically to be filed-did not appear to be either, we questioned our jurisdiction over the appeal.

The documents, a new trial motion and request for leave to file bill of review, were rejected because attached to each were proposed orders that needed to be filed "in their own separate envelope."

In a letter brief filed at our direction, appellant does not dispute the challenged actions are not appealable but asks that we exercise jurisdiction "for the protection of the true matter of this case J.S.S." or, alternatively, that we consider the appeal a petition for writ of mandamus. We decline to consider the appeal as a mandamus petition and, although this state has a long-standing policy of protecting children's interests, see Williams v. Patton, 821 S.W.2d 141, 145 (Tex. 1991), we cannot exercise appellate jurisdiction without a final judgment or appealable interlocutory order, Tipps, 842 S.W.2d at 272. Accordingly, because the challenged actions are not appealable, we dismiss the appeal. See Tex. R. App. P. 42.1(a).

JUDGMENT

In accordance with this Court's opinion of this date, we DISMISS the appeal.


Summaries of

In re J.S.S.

Court of Appeals of Texas, Fifth District, Dallas
Jul 19, 2022
No. 05-22-00217-CV (Tex. App. Jul. 19, 2022)
Case details for

In re J.S.S.

Case Details

Full title:IN THE INTEREST OF J.S.S., A CHILD

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jul 19, 2022

Citations

No. 05-22-00217-CV (Tex. App. Jul. 19, 2022)