Summary
dismissing for want of jurisdiction attempted appeal of protective order rendered in still-pending SAPCR
Summary of this case from In re Interest of A.M.G.Opinion
No. 05-06-01514-CV
Opinion Filed February 14, 2007.
On Appeal from the 302nd Judicial District Court Dallas County, Texas, Trial Court Cause No. 03-02293-U.
Before Justices WHITTINGTON, FRANCIS, and LANG.
MEMORANDUM OPINION
On November 9, 2006, appellant filed a notice of appeal in this case indicating that she was appealing the trial court's October 5, 2006 "decision." A review of the clerk's record reveals that the October 5, 2006 decision is a protective order in a suit affecting the parent-child relationship. There is not a final order providing for support of the child or possession or access to the child. By letter dated January 10, 2007, we directed appellant to file a letter brief regarding this Court's jurisdiction by January 29, 2007 or the appeal would be dismissed. Appellant did not respond. Appellee responded asserting that there is no final judgment in this case.
Section 81.009 of the Texas Family Code provides "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 or access to the child becomes final, appealable order." Tex. Fam. Code Ann. § 81.009(c) (Vernon Supp. 2006). Because there is not a final order providing for support of the child or possession or access to the child, the October 5, 2006 protective order is not appealable.
Accordingly, we dismiss this appeal for want of jurisdiction.