Opinion
No. 05-05-01709-CV
Opinion filed March 23, 2006.
On Appeal from the 330th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 94-6348-Y.
Dismiss.
Before Chief Justice THOMAS and Justices LANG and MAZZANT.
MEMORANDUM OPINION
On December 22, 2005, appellant filed a notice of appeal in this case. On December 27, 2005, we notified appellant by separate letters that the $125 filing fee and docketing statement were due and that her notice of appeal was defective. On January 6, 2006, we requested that appellant provide us with a copy of the final judgment because, from the notice of appeal, it appeared appellant was appealing an associate judge's ruling to the district court, not to this Court.
We gave appellant ten days to pay the filing fee, file the docketing statement, and file a copy of the final judgment; we gave her thirty days to file an amended notice of appeal. We warned appellant that if she failed to comply with our directives within the time allowed, the appeal was subject to dismissal without further notice. Because appellant had not responded to our request for a copy of the final judgment, on March 1, 2006, we again wrote to appellant requesting a copy of the final judgment. As of this date, appellant has not paid the filing fee or filed a docketing statement. Appellant did file an amended notice of appeal in which she states she is appealing a December 20, 2005 order to this Court. Although appellant filed orders with this court, none of which were dated December 20, 2005, she still has not provided us with a copy of a final judgment. The orders filed by appellant are temporary orders in a suit to modify parent-child relationship. However, these temporary orders are not subject to interlocutory appeal. See Tex. Fam. Code Ann. § 105.001(e) (Vernon Supp. 2005); see also Dancy v. Daggett, 815 S.W.2d 548, 549 (Tex. 1991) (per curiam) (op. on mot. for reh'g) (concluding trial court's issuance of temporary orders not subject to interlocutory appeal); In re K.L.R., 162 S.W.3d 291, 301 (Tex.App.-Tyler 2005, no pet.) (temporary orders rendered under section 105.001 of family code not subject to interlocutory appeal). Thus, we lack jurisdiction over an appeal from such orders.
Accordingly, on the Court's own motion, we DISMISS the appeal. See Appendix to the Tex.R.App.P. (B)(1)(a); Tex.R.App.P. 5, 32.1, 42.3.