Opinion
No. 05-09-00859-CV
Opinion Filed September 15, 2009.
On Appeal from the 199th Judicial District Court Collin County, Texas, Trial Court Cause No. 199-52877-2008.
Before Justices MOSELEY, FITZGERALD, and LANG-MIERS.
MEMORANDUM OPINION
Appellant filed a notice of appeal from the trial court's August 29, 2008 temporary order in this suit affecting the parent-child relationship. Because there is no final judgment, we directed the parties to file letter briefs addressing our jurisdiction over the appeal. Appellant did not respond by the date set forth in our letter. We conclude we lack jurisdiction over this appeal. Appellate courts have jurisdiction over final judgments and such interlocutory orders as the legislature deems appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex. App.-El Paso 1997, no writ). The Texas Family Code specifically precludes the interlocutory appeal of temporary orders under section 105.001 of the code. See Tex. Fam. Code Ann. §§ 105.001(e) (Vernon 2008). Because appellant is attempting to appeal a temporary order, we do not have jurisdiction over this appeal.
We dismiss the appeal for want of jurisdiction.