in the Interest of J. S. M. ( 2004 )

Dismissed and Memorandum Opinion filed March 4, 2004

Dismissed and Memorandum Opinion filed March 4, 2004.

In The

Fourteenth Court of Appeals

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NO. 14-03-01351-CV

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IN THE INTEREST OF J.S.M., a child

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On Appeal from the 245th District Court

Harris County, Texas

Trial Court Cause No. 01-61479

M E M O R A N D U M   O P I N I O N

Appellant, Joseph Daniel Monk, filed a  motion to modify the terms of a conservatorship order, and in response, appellee, Lisa Jo Monk, filed a special appearance.  On November 21, 2003, the trial court signed an order declining jurisdiction and staying appellant=s motion pursuant to Texas Family Code Section 152.207(c).  See Tex. Fam. Code Ann. ' 152.207(c) (Vernon 2002).  Appellant then brought this appeal.

On February 24, 2004, appellant filed a motion to dismiss the appeal because the order being appealed is not subject to interlocutory appeal.  See Tex. R. App. P. 42.1.  The grant or denial of a special appearance in a case brought under the Texas Family Code is not subject to interlocutory appeal.  Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a)(7) (Vernon Supp. 2004).  The motion is granted.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed March 4, 2004.

Panel consists of Chief Justice Hedges and Justices Frost and Guzman.