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In re C.C.

Court of Appeals of Texas, Second District, Fort Worth
Jul 21, 2022
No. 02-22-00223-CV (Tex. App. Jul. 21, 2022)

Opinion

02-22-00223-CV

07-21-2022

In the Interest of C.C., a Child


On Appeal from the 16th District Court Denton County, Texas Trial Court No. 21-5086-16

Before Bassel, Womack, and Wallach, JJ.

MEMORANDUM OPINION

PER CURIAM

Appellant S.C. (Father), appearing pro se, attempts to appeal from a June 2, 2022 "Order Granting Nonsuit" that granted (1) the Department of Family and Protective Services' motion for nonsuit, dismissing the Department as a party, and (2) a temporary restraining order. A counterpetition filed by C.C. (Mother) remains pending in the trial court.

This court has appellate jurisdiction only over appeals from final judgments and from interlocutory orders that the Texas Legislature has specified are immediately appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see, e.g., Tex. Civ. Prac. &Rem. Code Ann. § 51.014. A judgment is final if it disposes of every pending claim and party. See Lehmann, 39 S.W.3d at 205. Because the trial court's order granting nonsuit does not dispose of Mother's counterpetition, the judgment is not final.

On June 23, 2022, we notified the parties of our concern that we lack jurisdiction over this appeal because the trial court's order granting nonsuit does not appear to be a final judgment or an appealable interlocutory order. We cautioned the parties that we could dismiss the appeal absent a response filed by July 5, 2022, showing grounds for continuing the appeal. See Tex.R.App.P. 42.3(a), 44.3. We did not receive a response.

Because we have received no response from any party showing grounds for continuing the appeal, we dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a), 43.2(f).


Summaries of

In re C.C.

Court of Appeals of Texas, Second District, Fort Worth
Jul 21, 2022
No. 02-22-00223-CV (Tex. App. Jul. 21, 2022)
Case details for

In re C.C.

Case Details

Full title:In the Interest of C.C., a Child

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Jul 21, 2022

Citations

No. 02-22-00223-CV (Tex. App. Jul. 21, 2022)