Opinion
05-24-01437-CV
12-13-2024
IN THE INTEREST OF D.S.J. AND L.A.J., MINOR CHILDREN
On Appeal from the 304th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-22-01067
ORDER
CRAIG SMITH JUSTICE
This accelerated appeal challenges the trial court's November 8, 2024 protective order in a parental termination case. See TEX. R. APP. P. 28.4(a). The hearing of the protective order application was electronically recorded. See TEX. RULES GOVERN. PROC. MAKING REC. COURT PROCEEDINGS BY ELECTRONIC RECORDING.
Appellant, the children's mother, is appearing pro se. However, from a review of the clerk's record, it appears she is indigent and entitled to the appointment of an attorney ad litem. See TEX. FAM. CODE ANN. § 107.013. Accordingly, we ORDER the trial court to appoint counsel to represent appellant on appeal and to transmit to this Court, no later than December 20, 2024 a supplemental clerk's record containing the order of appointment. See id. The order shall also include the name and contact information of the court recorder designated to record the protective order hearing.
We note a "motion to modify in a suit affecting the parent-child relationship for managing conservatorship and termination of parental rights" is pending in the trial court. Under Texas Family Code section 81.009(c), 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 of or access to the child becomes a final, appealable order. See id. 81.009(c). It appears, therefore, that the appeal is premature.
So that the Court may determine its jurisdiction, we ORDER appellant to file, within ten days of the appointment of counsel, a letter brief addressing the Court's concern. Appellees may file any response within ten days of the filing of appellant's letter brief. If any party relies on information not included in the record, that party shall have filed a supplemental clerk's record containing that information.
We SUSPEND the deadline for the filing of the reporter's record pending determination of our jurisdiction. A new deadline will be set should we determine we have jurisdiction over the appeal. Should we determine we lack jurisdiction, we will dismiss the appeal without further notice. See TEX. R. APP. P. 42.3(a).
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Andrea Martin, Presiding Judge of the 304th Judicial District Court; the Honorable Delia Gonzales, Associate Judge, Child Protection and Permanency Court; Dallas County District Clerk Felicia Pitre; and the parties. A copy of this order shall also be provided by the trial court to appellant's counsel upon appointment and the court recorder.