Opinion
No. 05-09-00025-CV
Opinion Filed March 31, 2009.
On Appeal from the 401st Judicial District Court, Collin County, Texas, Trial Court Cause No. 401-50852-02.
Before Chief Justice THOMAS and Justices O'NEILL and MURPHY.
MEMORANDUM OPINION
Appellant Karen Lawrence filed a motion for temporary orders in this case involving a suit affecting the parent-child relationship. The trial judge denied the motion for temporary orders on October 13, 2008. On January 7, 2009, appellant filed a notice of appeal. In response to our letter questioning our jurisdiction over what appeared to be a non-appealable interlocutory order, appellant filed a "motion to appeal in suit affecting the parent-child relationship." Appellant did not address the jurisdictional question raised in this Court's letter. Appellee responded that it agrees the order is a non-appealable interlocutory order. We conclude we have no jurisdiction over the appeal.
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. 1997, no writ). The Texas Family Code specifically precludes the interlocutory appeal of temporary orders rendered under section 105.001 of the code. See 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.