Opinion
No. 05-16-01230-CV
01-17-2017
IN THE INTEREST OF P.K., A CHILD
On Appeal from the 429th Judicial District Court Collin County, Texas
Trial Court Cause No. 429-54180-2012
MEMORANDUM OPINION
Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart
Opinion by Chief Justice Wright
On October 17, 2016, appellant filed three notices of appeal seeking to appeal the trial court's (1) November 1, 2012 divorce decree, (2) September 30, 2016 clarifying order regarding an order of contempt, and (3) October 13, 2016 order granting a temporary restraining order. It appears the notice of appeal related to the divorce decree is untimely and that the other two orders are non-appealable orders. Accordingly, on December 7, 2016, this Court sent appellant a letter instructing her to file, by December 28, 2016 a letter brief explaining how this Court has jurisdiction over the divorce decree and the other two orders. We cautioned appellant that failure to file a letter brief within the time specified may result in dismissal of the appeal without further notice. As of today's date, appellant has not filed a response.
We turn our attention first to the divorce decree. A notice of appeal is due thirty days after the date the judgment is signed or, with a timely post-judgment motion extending the appellate deadline, ninety days after the date the judgment is signed. See TEX. R. APP. P. 26.1(a). Without a timely filed notice of appeal, this Court lacks jurisdiction. See TEX. R. APP. P. 25.1(b).
The trial court signed the divorce decree on November 1, 2012. The record before this Court does not contain any post-judgment motion extending the appellate deadline. Accordingly, the notice of appeal from the divorce decree was due on December 1, 2012, thirty days after the date the decree was signed. See TEX. R. APP. P. 26.1. Appellant filed her notice of appeal on October 17, 2016, almost four years past the deadline. Because the notice of appeal is untimely, this Court lacks jurisdiction to consider appellant's appeal from the divorce decree.
Turning now to the other two orders appellant appeals from. Appellant attempts to appeal the September 30, 2016 order clarifying the trial court's August 16, 2016 order of contempt. Courts of appeals lack jurisdiction to review contempt orders on direct appeal. See Tracy v. Tracy, 219 S.W.3d 527, 530 (Tex. App.—Dallas 2007, no pet.). Because the order clarifying the contempt order is not reviewable on direct appeal, this Court lacks jurisdiction to consider the appeal of this order.
The final order appellant attempts to appeal is the trial court's October 13, 2016 order granting a temporary restraining order. A party may appeal from an interlocutory order that grants or denies a temporary injunction or overrules a motion to dissolve a temporary injunction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West Supp. 2016). However, there is no statutory provision authorizing an appeal from the grant or denial of a temporary restraining order. See Nikolouzos v. St. Luke's Episcopal Hosp., 162 S.W.3d 678, 680-81 (Tex. App.—Houston [14th Dist.] 2005, no pet.). For this reason, this Court lacks jurisdiction to consider the appeal from the October 13, 2016 order.
As explained above, this Court lacks jurisdiction over the divorce decree, the clarifying order, and the order granting a temporary restraining order. Accordingly, we dismiss this appeal. See TEX. R. APP. P. 42.3(a).
/Carolyn Wright/
CAROLYN WRIGHT
CHIEF JUSTICE 161230F.P05
JUDGMENT
On Appeal from the 429th Judicial District Court, Collin County, Texas
Trial Court Cause No. 429-54180-2012.
Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED. Judgment entered January 17, 2017.