Opinion
No. 14-03-01351-CV.
Memorandum Opinion filed March 4, 2004.
On Appeal from the 245th District Court, Harris County, Texas, Trial Court Cause No. 01-61479.
Dismissed.
Panel consists of Chief Justice HEDGES and Justices FROST and GUZMAN.
MEMORANDUM OPINION
Appellant, Joseph Daniel Monk, filed a motion to modify the terms of a conservatorship order, and in response, appellee, Lisa Jo Monk, filed a special appearance. On November 21, 2003, the trial court signed an order declining jurisdiction and staying appellant's motion pursuant to Texas Family Code Section 152.207(c). See TEX. FAM. CODE ANN. § 152.207(c) (Vernon 2002). Appellant then brought this appeal.
On February 24, 2004, appellant filed a motion to dismiss the appeal because the order being appealed is not subject to interlocutory appeal. See TEX. R. APP. P. 42.1. The grant or denial of a special appearance in a case brought under the Texas Family Code is not subject to interlocutory appeal. TEX. CIV. PRAC. REM. CODE ANN. § 51.014(a)(7) (Vernon Supp. 2004). The motion is granted.
Accordingly, the appeal is ordered dismissed.