Opinion
No. 05-19-00321-CV
05-21-2019
IN THE INTEREST OF T.T., G.M. AND C.M., CHILDREN
On Appeal from the 439th Judicial District Court Rockwall County, Texas
Trial Court Cause No. 1-17-0922
MEMORANDUM OPINION
Before Justices Myers, Osborne, and Nowell
Opinion by Justice Myers
This appeal follows the trial court's order terminating Mother and Father's parental rights to their children. The appeal was filed by the paternal grandfather, who asserted in the notice of appeal that he had intervened in the underlying suit. After reviewing the clerk's record and finding nothing that reflected paternal grandfather had intervened, we directed him to file a letter brief addressing how he had standing to appeal the trial court's termination order. See State v. Naylor, 466 S.W.3d 783, 787 (Tex. 2015) ("appellate standing is typically afforded 'only to parties of record'") (quoting Gunn v. Cavanaugh, 391 S.W.2d 723, 724-25 (Tex. 1965)); Johnston v. Crook, 93 S.W.3d 263, 268 (Tex. App.—Houston [14 Dist.] 2002, pet. denied) ("[A]n intervenor is a party for purposes of appeal only if (1) she timely files a [plea of intervention], and (2) the trial court does not strike the pleading before the entry of final judgment."). We explained that an appellate court generally has no jurisdiction over an appeal filed by an appellant who lacks standing and cautioned him that failure to comply by April 15, 2019 could result in dismissal of the appeal. See Naylor, 466 S.W.3d at 787 ("[A]n appeal filed by an improper party must be dismissed."); see also TEX. R. APP. P. 42.3(a),(c). To date, however, he has not responded.
Because the record does not reflect paternal grandfather intervened, he lacks standing to challenge the order of termination and we lack jurisdiction over the appeal. See Naylor, 466 S.W.3d at 787. Accordingly, we dismiss the appeal. See id.; see also TEX. R. APP. P. 42.3(a).
/Lana Myers/
LANA MYERS
JUSTICE 190321F.P05
JUDGMENT
On Appeal from the 439th Judicial District Court, Rockwall County, Texas
Trial Court Cause No. 1-17-0922.
Opinion delivered by Justice Myers, Justices Osborne and Nowell participating.
In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered this 21 day of May, 2019.