Opinion
05-22-00208-CV
07-27-2022
MICHELLE PERELL, Appellant v. DIANA PERELL AND MAX PERELL, Appellees
On Appeal from the 254th Judicial District Court Dallas County, Texas, Trial Court Cause No. DF-22-02270
Before Justices Molberg, Reichek, and Garcia.
MEMORANDUM OPINION
KEN MOLBERG JUSTICE.
Appellant appeals from the March 8, 2022 order of the Associate Judge for the 254th Judicial District Court denying her application for a protective order. Unless an associate judge's order is agreed, a default, or final order where the parties waive the right to a de novo hearing before the referring court in writing before the start of the hearing conducted by the associate judge, the date the order is signed by the referring court is the controlling date for purposes of appeal to this Court. See Tex. Fam. Code Ann. §§ 201.016(a), (b), 201.007(a)(16), 201.013(b). Because the appealed order is not agreed, a default, or one where the parties waived their right to a de novo hearing, and nothing in the record reflected the referring court has signed the order, we questioned our jurisdiction over the appeal. We directed appellant to file, by June 20, a letter brief addressing the Court's concern with an opportunity for appellees to file a response. To date, appellant has not filed a response.
Because the referring court has not signed the order of the associate judge, this appeal is premature and we lack jurisdiction. For this reason, we dismiss the appeal. See Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
Judgment entered.