Opinion
05-23-00021-CV
01-31-2023
CHANI NICOLE JENSEN, Appellant v. HALEY MARIE JENSEN BARB, Appellee
On Appeal from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-22-08224
ORDER
BONNIE LEE GOLDSTEIN, JUSTICE
This appeal challenges a permanent restraining order signed by an associate family court judge. Because under sections 201.013(b) and 201.016(b) of the Texas Family Code, the order is not appealable to our Court until the referring court signs the order, we questioned our jurisdiction over the appeal. See Tex. Fam. Code Ann. §§ 201.013(b), 201.016(b). In response, appellant has filed jurisdictional briefing and an unopposed motion to stay the appeal pending the referring court signing the order.
We GRANT the motion to allow appellant an opportunity to obtain an order signed by the referring court. We ORDER a supplemental clerk's record containing a copy of the referring court's order or a status report by appellant be filed no later than March 1, 2023. We caution appellant that the appeal is subject to dismissal without further notice should a supplemental clerk's record or status report not be filed as directed. See Tex. R. App. P. 42.3(a).
We DIRECT the Clerk of the Court to send a copy of this order to the Honorable Andrea D. Plumlee, Presiding Judge of the 330th Judicial District Court; Dallas County District Clerk Felicia Pitre; and, the parties.
We ABATE the appeal to allow the trial court an opportunity to sign the order. The appeal shall be reinstated no later than March 10, 2023.