Opinion
No. 05-08-00890-CV
Opinion Filed August 26, 2008.
On Appeal from the 255th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 06-5665-S.
Before Chief Justice THOMAS and Justices BRIDGES and FITZGERALD.
MEMORANDUM OPINION
On July 3, 2008, appellant Jurline Hollins, grandmother of K.D., filed her "Petition for Emergency Hearing to Judge Lori Hocketts Order June 9, 2008." By letter dated July 24, 2008, this Court notified appellant of concerns regarding jurisdiction over this appeal. The Court advised appellant that no June 9, 2008 order has been provided to the Court and that it was unclear whether appellant was a party to the trial court action or whether the June 9, 2008 order is a final judgment or an order from which an interlocutory appeal can be taken. Appellant was directed to file a letter brief regarding the jurisdictional question by August 4, 2008, and appellees were directed to file any response by August 11, 2008, at which time the Court would resolve the jurisdictional question. Appellant was advised that no extensions would be granted absent a timely motion filed with the Court. On August 5, 2008, appellant filed a motion requesting three days to file her jurisdictional brief. To date, appellant has not filed her jurisdictional brief.
Since the time of advising appellant of concerns regarding jurisdiction, the Court has received the reporter's record confirming the order entered by the trial judge on June 9, 2008 was a temporary custody order. The family code specifically precludes the interlocutory appeal of temporary orders, except those appointing a receiver. See Tex. Fam. Code Ann. § 6.507 (Vernon 2006); see also Tex. Fam. Code Ann. § 105.001(e) (Vernon Supp. 2008) (temporary orders in suits affecting the parent-child relationship are not subject to interlocutory appeal). Because appellant is attempting to appeal temporary orders, which the family code prohibits, this Court does not have jurisdiction over this appeal.
We DISMISS this appeal for lack of jurisdiction.
We DENY AS MOOT appellant's August 5, 2008 motion for extension of time to file her jurisdictional brief.