Opinion
04-24-00023-CV
03-05-2024
IN THE INTEREST OF G.T., a Child
From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2022EM501625 Honorable Marisa Flores, Judge Presiding
ORDER
Liza A. Rodriguez, Justice.
On January 8, 2024, appellant filed a notice of interlocutory appeal stating that he seeks to appeal the trial court's interlocutory order denying his motion to vacate an order confirming child support arrearage. The clerk's record shows that on June 27, 2023, the trial court signed an order confirming child support arrearage. When appellant attempted to appeal that order, we dismissed his appeal for lack of jurisdiction because the order confirming child support arrearage did not dispose of appellant's claim for damages under section 231.114(c) of the Family Code and did not otherwise clearly and unequivocally state that it disposed of all claims and parties. See In re G.T., No. 04-23-00673-CV, 2023 WL 7365264, at *1 (Tex. App.-San Antonio Nov. 8, 2023, no pet.) (dismissing appeal for lack of jurisdiction). On December 22, 2023, appellant filed a motion asking the trial court to vacate the order confirming child support arrearage, which the trial court denied.
"Texas appellate courts have jurisdiction only over final orders or judgments unless a statute permits an interlocutory appeal." Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007). "Appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly provides appellate jurisdiction." Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998). Thus, absent a final judgment or an appealable interlocutory order, this court has no jurisdiction over an appeal. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When there is no appealable judgment or order, this court must dismiss the appeal. In re M.R.G., No. 04-17-00623-CV, 2017 WL 4938422, at *1 (Tex. App.-San Antonio 2017, no pet.).
In his notice of appeal, appellant states that this court has jurisdiction over this appeal pursuant to section 51.014(a)(1),(2) of the Civil Practice and Remedies Code, which authorizes interlocutory appeals from orders appointing a receiver or trustee, and orders overruling a motion to vacate an order that appoints a receiver or trustee. See Tex. Civ. Prac. & Rem. Code § 51.014(a)(1),(2). However, the cited statute does not authorize an interlocutory appeal from an order denying a motion to vacate an order confirming child support arrearage, which is the type of order appealed from in this case.
We, therefore, ORDER appellant to show cause in writing, on or before March 20, 2024, why this court has jurisdiction over this appeal. If appellant fails to respond within the time provided, this appeal will be dismissed. See Tex. R. App. P. 42.3(a),(c). All appellate deadlines are suspended pending further order of this court.