Summary
holding that Rule 145 "does not independently authorize an interlocutory appeal" and only allows for a motion to be filed in the court of appeals when there is already an appeal pending.
Summary of this case from In re L.R.P.Opinion
04-23-00552-CV
12-27-2023
IN THE INTEREST OF P.M.M., a Child
From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2021-CI-21699 Honorable Antonia Arteaga, Judge Presiding
Sitting: Rebeca C. Martinez, Chief Justice, Patricia O. Alvarez, Justice, Lori I. Valenzuela, Justice
MEMORANDUM OPINION
PER CURIAM.
In this cause, appellant pro se seeks to appeal the trial court's interlocutory orders dissolving his indigency status and ordering him to pay attorney's fees. Appellant apparently relies on Texas Rule of Civil Procedure 145(g) as a basis for filing his interlocutory appeal. However, Rule 145(g) does not independently authorize an interlocutory appeal. See Tex. R. Civ. P. 145(g) (authorizing party contesting finding of non-indigency to "challenge the order by motion filed in the court of appeals with jurisdiction over an appeal from the judgment in the case") (emphasis added). Moreover, after the filing of this appeal, the trial court entered a final judgment, and appellant has directly appealed the merits in Cause No. 04-23-00840-CV. See Bonsmara Nat. Beef Co., LLC v. Hart of Tex. Cattle Feeders, LLC, 603 S.W.3d 385, 390 (Tex. 2020) ("When a trial court renders a final judgment, the court's interlocutory orders merge into the judgment and may be challenged by appealing that judgment.").
On October 26, 2023, we ordered appellant to show cause why this cause should not be dismissed for lack of jurisdiction. Appellant did not respond to our order. We accordingly dismiss this cause for lack of jurisdiction. However, on September 6, 2023, appellant filed a brief that we construe as a motion filed under Rule 145(g). In the interests of justice, we, therefore, direct the Clerk to transfer to Cause No. 04-23-00840-CV (1) the clerk's records, (2) the reporter's record, and (3) appellant's September 6, 2023 motion for disposition pursuant to Rule 145(g).