Opinion
No. 05-16-00308-CV
04-28-2016
IN THE INTEREST OF A.C.D., L.M.D., AND L.M.D., CHILDREN
On Appeal from the 296th Judicial District Court Collin County, Texas
Trial Court Cause No. 296-30156-2014
MEMORANDUM OPINION
Before Justices Francis, Fillmore, and Schenck
Opinion by Justice Fillmore
Appellant appeals from an order of the trial court in a suit filed by the Collin County Unit of the Texas Department of Family and Protective Services concerning the conservatorship of appellant's six children. After reviewing the clerk's record in the proceeding below, this Court sent a letter dated March 30, 2016, to counsel for appellant, with a copy to other counsel of record, questioning our jurisdiction over the appeal. We instructed appellant to file a letter brief addressing our jurisdictional concern and permitted appellee an opportunity to respond.
This Court has jurisdiction only over final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id.
The trial court's order appointed the father as sole managing conservator of A.C.D., L.M.D., and L.M.D and appellant as possessory conservator. The trial court's order does not address the conservatorship of the remaining three children. In her letter brief, appellant acknowledges that the case remains open as to the other three children. She points out that none of the fathers having an interest in further proceedings of the trial court has any relationship to the children that are the subject of this appeal. Appellant also argues the trial court's order "clearly disposes of all outstanding matters as it relates to the subject matter: ACD, LMD, and LMD." These facts, however, have no bearing on the finality of the judgment. To be final, a judgment must dispose of all parties and claims. See id.
The petition concerns the conservatorship of six children. Because the trial court's order resolves the conservatorship of only three of the children, the order is interlocutory. See Lehmann, 39 S.W.3d at 195. An interlocutory appeal of the order has not been authorized by statute. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West Supp. 2015). For that reason, this Court lacks jurisdiction over the appeal. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Robert M. Fillmore/
ROBERT M. FILLMORE
JUSTICE 160308F.P05
JUDGMENT
On Appeal from the 296th Judicial District Court, Collin County, Texas.
Trial Court Cause No. 296-30156-2014.
Opinion delivered by Justice Fillmore. Justices Francis and Schenck participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee the Collin County Unit of the Texas Department of Family and Protective Services, recover its costs of this appeal from appellant Canice Denson. Judgment entered this 28th day of April, 2016.