Opinion
No. 05-20-00563-CV
11-05-2020
IN THE INTEREST OF A.G. AND V.G., CHILDREN
On Appeal from the 469th Judicial District Court Collin County, Texas
Trial Court Cause No. 469-52594-2016
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Browning
Opinion by Justice Browning
This is an appeal from the trial court's order denying appellant's "motion to modify child support." A review of the clerk's record revealed the motion to modify challenged a temporary order and no final judgment had been entered. The record also revealed appellant had filed for bankruptcy. Because the Texas Family Code specifically precludes the appeal of temporary orders in suits affecting the parent-child relationship and because a party's bankruptcy suspends an appeal until the appellate court reinstates or severs the appeal in accordance with federal law, we questioned our jurisdiction over the appeal and, to the extent we had jurisdiction, whether the appeal could proceed in light of the apparent bankruptcy. See TEX. FAM. CODE ANN. §§ 105.001(e), 109.002(b); TEX. R. APP. P. 8.2.
In a letter brief filed at our direction, appellant addresses the bankruptcy but does not address the appealability of the order. Appellee has not filed a response.
Subject to mostly statutory exceptions, an appeal may be taken only from a final order or judgment that disposes of all parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because nothing before us reflects that a final judgment has been entered and because the family code specifically precludes an appeal from temporary orders, we lack jurisdiction. See id. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/John G. Browning/
JOHN G. BROWNING
JUSTICE 200563F.P05
JUDGMENT
On Appeal from the 469th Judicial District Court, Collin County, Texas
Trial Court Cause No. 469-52594-2016.
Opinion delivered by Justice Browning, Justices Molberg and Carlyle participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered November 5, 2020.