Opinion
No. 05-08-00823-CV
Opinion Filed September 18, 2008.
On Appeal from the 255th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 06-5665-S.
Before Chief Justice THOMAS and Justices BRIDGES and FITZGERALD.
MEMORANDUM OPINION
On June 12, 2008, appellant Jurline Hollins, grandmother of K.D., filed her notice of appeal in this matter. Appellant appeals the trial judge's June 9, 2008 temporary custody order.
By letter dated June 24, 2008, we notified appellant her notice of appeal is defective. We directed appellant to file an amended notice of appeal by July 7, 2008. We warned appellant that failure to comply could result in dismissal of this appeal without further notice. See Tex. R. App. P. 9.5(e), 25.1(d), (e), 26.1, 42.3(c). To date, appellant has failed to file an amended notice of appeal.
Further, by letter dated June 24, 2008, we directed appellant to file a proper docketing statement with the Court by July 7, 2008. We warned appellant that failure to file a proper docketing statement by the deadline could result in dismissal of this appeal without further notice. See Tex. R. App. P. 32.1, 42.3(c). To date, appellant has failed to file a docketing statement in this appeal.
Moreover, this is an appeal of an interlocutory appeal of a temporary custody order. On July 3, 2008, appellant filed appeal number 05-08-00890-CV with this Court entitled "Petition for Emergency Hearing to Judge Lori Hocketts [sic] Order June 9, 2008," appealing the same order subject of this appeal. In appeal number 05-08-00890-CV, this Court received the reporter's record confirming the June 9, 2008 order entered by the trial judge was a temporary custody order.
The family code specifically precludes the interlocutory appeal of temporary orders, except those appointing a receiver. See Tex. Fam. Code Ann. § 6.507 (Vernon 2006); see also Tex. Fam. Code Ann. § 105.001(e) (Vernon Supp. 2008) (temporary orders in suits affecting the parent-child relationship are not subject to interlocutory appeal). Because appellant is attempting to appeal a temporary order, which the family code prohibits, this Court does not have jurisdiction over this appeal.
We DISMISS this appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a).