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In re Interest of Z.W.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Feb 11, 2016
NO. 02-15-00363-CV (Tex. App. Feb. 11, 2016)

Opinion

NO. 02-15-00363-CV

02-11-2016

IN THE INTEREST OF Z.W., A CHILD


FROM THE 271ST DISTRICT COURT OF WISE COUNTY
TRIAL COURT NO. CV13-09-792 MEMORANDUM OPINION

A notice of appeal from an associate judge's temporary visitation order in this child protection case was filed with the trial court clerk on November 20, 2015 and forwarded to this court. See Tex. R. App. P. 28.4. However, rather than indicating an intent to appeal the associate judge's ruling to this court, the notice of appeal instead seeks a de novo appeal of the associate judge's ruling by the presiding judge of the trial court. See Tex. Fam. Code Ann. § 201.317 (West 2014) (providing for de novo hearing of specified issues resolved by associate judge in suit affecting the parent-child relationship). Therefore, it appears that the notice of appeal was forwarded to this court in error.

Although we notified the parties that this court was concerned it did not have jurisdiction over the appealed order and gave them time to respond, we received no response. Temporary orders in a suit affecting the parent-child relationship are not appealable to this court under the family code. Id. § 105.001(e) (West 2014); In re J.W.L., 291 S.W.3d 79, 83 (Tex. App.—Fort Worth 2009, orig. proceeding [mand. denied]). Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ. DELIVERED: February 11, 2016

See Tex. R. App. P. 47.4.


Summaries of

In re Interest of Z.W.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Feb 11, 2016
NO. 02-15-00363-CV (Tex. App. Feb. 11, 2016)
Case details for

In re Interest of Z.W.

Case Details

Full title:IN THE INTEREST OF Z.W., A CHILD

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Feb 11, 2016

Citations

NO. 02-15-00363-CV (Tex. App. Feb. 11, 2016)