Opinion
No. 05-08-01193-CV
Opinion Filed March 6, 2009.
On Appeal from the 366th Judicial District Court, Collin County, Texas, Trial Court Cause No. 366-51020-2008.
Before Chief Justice THOMAS and Justices O'NEILL and MURPHY.
MEMORANDUM OPINION
Appellant filed a notice of appeal from the trial court's August 29, 2008 temporary order in this suit affecting the parent-child relationship. Because there is no final judgment, we directed the parties to file letter briefs addressing our jurisdiction over the appeal.
Appellant responded that we have jurisdiction because a "permanent custody" order has already been issued in another state and the trial court had no jurisdiction to issue any temporary orders. Appellee responds that this Court does not have jurisdiction over this temporary order because it does not involve appointment of a receiver. We agree we have no jurisdiction.
Appellate courts have jurisdiction over final judgments and such interlocutory orders as the legislature deems appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.App.-El Paso 1997, no writ). The Texas Family Code specifically precludes the interlocutory appeal of temporary orders under section 105.001 of the code. See also Tex. Fam. Code Ann. § 105.001(e) (Vernon 2008). Because appellant is attempting to appeal a temporary order, we do not have jurisdiction over this appeal.
We dismiss the appeal for want of jurisdiction.