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Dias v. Grizzle

Court of Appeals of Texas, Fourth District, San Antonio
Nov 13, 2024
No. 04-24-00743-CV (Tex. App. Nov. 13, 2024)

Opinion

04-24-00743-CV

11-13-2024

Bryan Imari DIAS, Appellant v. Hannah GRIZZLE, Appellee


From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2024-CI-21504 Benjamin Robertson, Judge Presiding

ORDER

Liza A. Rodriguez, Justice.

"Texas appellate courts have jurisdiction only over final orders or judgments unless a statute permits an interlocutory appeal." Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007). "Appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly provides appellate jurisdiction." Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998). Absent a final judgment or an appealable interlocutory order, this court has no jurisdiction over an appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When there is no appealable judgment or order, this court must dismiss the appeal. In re M.R.G., No. 04-17-00623-CV, 2017 WL 4938422, at *1 (Tex. App.-San Antonio 2017, no pet.).

On November 1, 2024, appellant filed a notice of appeal stating he is appealing from the trial court's "orders affecting visitation, evidence admissibility, and other procedural decisions affecting [his] rights." The clerk's record shows that on November 1, 2024, the trial court signed a temporary order for supervised visitation. However, the clerk's record does not contain a final judgment or an appealable interlocutory order. Because appellant is not appealing from a final judgment or an appealable interlocutory order, it appears we have no jurisdiction over this appeal.

We, therefore, ORDER appellant to show cause in writing, on or before December 2, 2024, why this court has jurisdiction over this appeal. If appellant fails to respond within the time provided, this appeal will be dismissed. See Tex. R. App. P. 42.3(a),(c).

All appellate deadlines are suspended pending further order of this court.


Summaries of

Dias v. Grizzle

Court of Appeals of Texas, Fourth District, San Antonio
Nov 13, 2024
No. 04-24-00743-CV (Tex. App. Nov. 13, 2024)
Case details for

Dias v. Grizzle

Case Details

Full title:Bryan Imari DIAS, Appellant v. Hannah GRIZZLE, Appellee

Court:Court of Appeals of Texas, Fourth District, San Antonio

Date published: Nov 13, 2024

Citations

No. 04-24-00743-CV (Tex. App. Nov. 13, 2024)