Opinion
NO. 09-14-00398-CV
10-23-2014
IN THE INTEREST OF Z.B., Z.B., AND J.B.
On Appeal from the 279th District Court Jefferson County, Texas
Trial Cause No. F-219,449
MEMORANDUM OPINION
This is an attempted appeal by the children's great-grandmother, who was neither a party nor an intervenor in the trial court proceedings, from an order terminating parental rights. On September 18, 2014, we sent a letter questioning our jurisdiction over the case because appellant was not a party to the trial court case. Appellant did not file a response.
Standing is a prerequisite to subject matter jurisdiction. Frost Nat'l Bank v. Fernandez, 315 S.W.3d 494, 502 (Tex. 2010). Standing must exist at every stage of a legal proceeding, including appeal. Williams v. Lara, 52 S.W.3d 171, 184 (Tex. 2001). To establish standing to appeal, a person must generally have been a party to the judgment. In re S.J., No. 14-11-00142-CV, 2011 WL 2150586, at *1 (Tex. App.—Houston [14th Dist.] June 2, 2011, no pet.) (mem. op.). Nonparties who have not properly intervened in the trial court generally lack standing to appeal the trial court's judgment. See Cont'l Cas. Co. v. Huizar, 740 S.W.2d 429, 430 (Tex. 1987).
Because appellant was not a party in the trial court, nor was she a nonparty who had properly intervened in the trial court, she lacks standing to appeal. See S.J., 2011 WL 2150586, at *1. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); In re K.A.P., No. 14-11-00536-CV, 2011 WL 4373987, at *1 (Tex. App.—Houston [14th Dist.] Sept. 20, 2011, no pet.) (mem. op.) (Appellate court dismissed appeal for lack of jurisdiction because grandmother was neither a party to the judgment nor an intervening party.).
APPEAL DISMISSED.
/s/_________
STEVE McKEITHEN
Chief Justice
Submitted on October 22, 2014
Opinion Delivered October 23, 2014
Before McKeithen, C.J., Kreger and Johnson, JJ.