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Davis v. Davis

Court of Appeals of Texas, Sixth District, Texarkana
Jun 1, 2007
No. 06-07-00059-CV (Tex. App. Jun. 1, 2007)

Opinion

No. 06-07-00059-CV

Submitted: January 31, 2007.

Decided: June 1, 2007.

On Appeal from the Sixth Judicial District Court Red River County, Texas, Trial Court No. CV01275.

Before MORRISS, C.J., CARTER and MOSELEY, JJ.

Memorandum Opinion by Chief Justice MORRISS.


MEMORANDUM OPINION


Steven Earl Davis filed a notice of appeal April 11, 2007, from a protective order granted by the trial court October 10, 2006. Citing Tex. Fam. Code Ann. § 81.009(b), (c) (Vernon Supp. 2006), he states that the protective order did not become final until a final divorce decree had been entered and states that decree was entered March 12, 2007.

In our review of the clerk's record, we noted, however, that there were two separate cause numbers for the divorce proceeding (trial number CV01300) and the protective order (trial number CV01275). Section 81.009, in pertinent part, reads as follows:

(b) A protective order rendered against a party in a suit for dissolution of a marriage may not be appealed until the time the final decree of dissolution of the marriage becomes a final, appealable order.

(c) A protective order rendered against a party in a suit affecting the parent-child relationship may not be appealed until the time an order providing for support of the child or possession of or access to the child becomes a final, appealable order.

Due to the fact that the protective order was apparently not part of the original divorce proceeding pursuant to Section 81.009, the notice of appeal from that order was untimely.

On April 26, 2007, we mailed a letter to counsel for appellant detailing the apparent defect in the notice of appeal and informing counsel that, if he did not show this Court how we had jurisdiction within ten days of the date of the letter, we would dismiss the appeal for want of jurisdiction.

We have received no response. Therefore, we dismiss the appeal. See Tex. R. App. P. 42.3.


Summaries of

Davis v. Davis

Court of Appeals of Texas, Sixth District, Texarkana
Jun 1, 2007
No. 06-07-00059-CV (Tex. App. Jun. 1, 2007)
Case details for

Davis v. Davis

Case Details

Full title:STEVEN EARL DAVIS, Appellant v. MELLISSIA DAVIS, Appellee

Court:Court of Appeals of Texas, Sixth District, Texarkana

Date published: Jun 1, 2007

Citations

No. 06-07-00059-CV (Tex. App. Jun. 1, 2007)

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