Opinion
04-24-00067-CV
02-12-2024
IN THE INTEREST OF V.D.L. AND V.D.L., Children
From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2016-PA-01463 Honorable Monique Diaz, Judge Presiding
ORDER
PER CURIAM
This appeal arises from a suit by the grandmother ("Grandmother") of the children subject of the suit wherein she sought to terminate the parental rights of the children's father ("Father"). Although Grandmother filed the suit in 2016, the record does not reflect there has been a final hearing on the petition to terminate parental rights. Further, the clerk's record does not contain an order terminating Father's parental rights.
On January 31, 2024, Father filed a notice of appeal seeking "interlocutory relief to alter the trial court's ruling regarding Motion for Writ of Attachment & Order to Appear and Motion for Sanctions." However, no such order appears in the clerk's record. Instead, the trial court filed a letter in the clerk's record on February 8, 2024 stating: "The Court has yet to receive an agreed order, or a request for a hearing on a motion to enter."
Moreover, interlocutory orders may be appealed only if a specific statute authorizes an interlocutory appeal of the order. See CMH Home v. Perez, 340 S.W.3d 444, 447 (Tex. 2011) ("Unless a statute authorizes an interlocutory appeal, appellate courts generally only have jurisdiction over final judgments."). The trial court's "ruling[s] regarding the Motion for Writ of Attachment & Order to Appear and Motion for Sanctions" do not appear to be appealable interlocutory orders. See McAndrews v. Lowe, No. 01-16-00836-CV, 2017 WL 2117532, at *2 (Tex. App.-Houston [1st Dist.] May 16, 2017, no pet.) ("The order for issuance of the writ of attachment is not an appealable order."); In re I.G.R., No. 04-14-00262-CV, 2014 WL 3930199, at *2 (Tex. App.-San Antonio Aug. 13, 2014, no pet.) ("We cannot, however, find any statutory authority that allows a party to appeal from an interlocutory order that . . . denies a motion for sanctions and attorney's fees."); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (listing appealable interlocutory orders). Furthermore, it appears the trial court withdrew its ruling regarding sanctions in its February 8, 2024 letter.
Because it appears there is no final judgment or appealable interlocutory order in the clerk's record, we ORDER appellant Father to show cause in writing, on or before February 26, 2024, why this appeal should not be dismissed for lack of jurisdiction.
All appellate deadlines are suspended pending further order from this court.
It is so ORDERED.