Opinion
NO. 02-17-00460-CV
02-15-2018
IN THE INTEREST OF A.L., A CHILD
FROM THE 233RD DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 233-614335-17 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
D.R. (Mother) attempts to appeal from the "Temporary Orders" entered in a suit affecting the parent-child relationship. On January 2, 2018, we notified the parties that we were concerned that we lack jurisdiction over the appeal because the "Temporary Orders" did not appear to be a final judgment or an appealable interlocutory order. We informed them that we could dismiss the appeal for want of jurisdiction unless Mother or any party desiring to continue the appeal filed a response on or before January 12, 2018, showing grounds for continuing the appeal. See Tex. R. App. P. 42.3(a), 44.3. Mother filed a response acknowledging that we lack jurisdiction over this appeal.
We have jurisdiction to consider appeals only from final judgments or from interlocutory orders made immediately appealable by statute. See Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Lehman v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Temporary orders entered in suits affecting the parent-child relationship are not appealable interlocutory orders. See Tex. Fam. Code Ann. § 105.001(e) (West 2014); Hubert v. Hubert, No. 01-11-00438-CV, 2012 WL 4739952, at *1 (Tex. App.—Houston [1st District] Oct. 4, 2012, no pet.) (mem. op) (noting that section 105.001(e) "expressly precludes an interlocutory appeal from a temporary order in a suit affecting the parent-child relationship"); see also Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (West Supp. 2017) (listing types of appealable interlocutory orders). Because the "Temporary Orders" are neither a final judgment nor an appealable interlocutory order, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Hubert, 2012 WL 4739952, at *1 (dismissing appeal from temporary orders for want of jurisdiction).
/s/ Elizabeth Kerr
ELIZABETH KERR
JUSTICE PANEL: KERR, PITTMAN, and BIRDWELL, JJ. DELIVERED: February 15, 2018