Opinion
NO. 02-17-00205-CV
08-24-2017
IN THE INTEREST OF N.L., A CHILD
FROM THE 322ND DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 322-415844-07 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant F.M. (Mother) attempts to appeal from an associate judge's denial of her motion to transfer a pending suit affecting the parent-child relationship (SAPCR) from Tarrant County to Montgomery County, where a divorce suit is also pending. We notified Mother of our concern that we lack jurisdiction over this appeal because the order appealed from does not appear to be a final judgment or an appealable interlocutory order, and we informed her that the appeal would be subject to dismissal absent a response from her or another party showing grounds for continuing the appeal. We have received no response.
Section 155.204 of the family code sets out the procedures for transferring a SAPCR. Tex. Fam. Code Ann. § 155.204 (West 2014); see In re S.G.S., 53 S.W.3d 848, 850-51 (Tex. App.—Fort Worth 2001, no pet.) (stating same). Subsection (h) of that section provides that "[a]n order transferring or refusing to transfer the [SAPCR] proceeding is not subject to interlocutory appeal." Tex. Fam. Code Ann. § 155.204(h). Consequently, because the interlocutory order denying Mother's motion to transfer the SAPCR to Montgomery County is not appealable, we dismiss this appeal for want of jurisdiction. See id.; In re D.R.W., No. 07-16-00399-CV, 2017 WL 1089601, at *1 (Tex. App.—Amarillo Mar. 22, 2017, no pet.) (mem. op.); see also Tex. R. App. P. 42.3(a), 43.2(f).
PER CURIAM PANEL: PITTMAN, J.; LIVINGSTON, C.J.; and WALKER, J. DELIVERED: August 24, 2017