Opinion

G. A. J. v. Department of Family and Protective Services

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Feb 2, 2012
Status
Published
Cited by
0 cases
Authority
More cited than 42.2%

The opinion

Opinion issued February 2, 2012.

In The

Court of

Appeals

For The

First District

of Texas

————————————

NO. 01-11-00956-CV

———————————

In the

interest of G.A.J.

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Case No. 2010-35353

MEMORANDUM OPINION

Appellant

has filed a notice of appeal from “all orders entered in [this case] while

initial MOTION FOR RECUSAL OF 309TH JUDGE was filed on 6-9-10.” She references

and attaches an order issued by the trial court on October 13, 2011, which is

an agreed temporary order on conservatorship. Because the orders appealed from appear

to be interlocutory and not statutorily approved for interlocutory appeal, [1] the Clerk of this Court sent appellant a

notice of possible dismissal for want of jurisdiction on December 7, 2011. The

notice informed appellant that her appeal appeared to relate to interlocutory

orders over which this Court has no jurisdiction and allowed her until December

21, 2011 to file a response demonstrating jurisdiction, if any. The notice also

informed her that failure to file a meritorious response could result in

dismissal of her appeal. Appellant requested additional time to file a response,

and the Court extended her deadline to January 24, 2012. Appellant failed to

file a response by that date.

Accordingly, we dismiss this

appeal. See Tex. R. App. P. 42.3(a), (c). All outstanding motions are

denied as moot.

PER CURIAM

Panel

consists of Chief Justice Radack and Justices Higley and Brown.

[1] Appellate courts have jurisdiction to

consider appeals of interlocutory orders only if a statute explicitly provides such

jurisdiction. Stary v. DeBord ,

967 S.W.2d 352 , 352–53 (Tex. 1998). Section 51.014 of the Texas Civil Practice

and Remedies Code specifically provides for the appeal of certain interlocutory

orders, but the order attached to appellant’s notice of appeal does not fall

within one of section 51.014’s categories of approved orders. See Tex.

Civ. Prac. & Rem. Code Ann. § 51.014(a) (West Supp. 2011).

Courts of appeals have specifically recognized that orders addressing temporary

conservatorship of children are interlocutory orders over which courts of

appeals lack subject-matter jurisdiction. E.g. ,

In re

X.C.B. , No. 14-08-00851-CV, 2009 WL 2370911 , at *2 (Tex.

App.—Houston [14th Dist.] July 30, 2009, pet. struck) (mem. op.) (citing In re N.J.G. , 980 S.W.2d 764, 767 (Tex.

App.—San Antonio 1998, no pet.)). Appellant’s notice of appeal is broad enough

to include other orders from the trial court, but appellant has not identified

any such orders for this Court and failed to respond to our notice regarding

jurisdiction.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.