in the Interest of J.C., a Minor Child ( 2019 )


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  • DISMISS; and Opinion Filed September 5, 2019.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-19-00972-CV
    IN THE INTEREST OF J.C., A CHILD
    On Appeal from the 304th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. JC-19-00707-W
    MEMORANDUM OPINION
    Before Justices Pedersen, III, Reichek, and Carlyle
    Opinion by Justice Pedersen, III
    The Court questioned its jurisdiction over this appeal from the trial court’s temporary
    order signed on August 7, 2019. We instructed appellant to file, by August 30, 2019, a letter
    brief addressing our concern and cautioned her that failure to do so may result in dismissal of the
    appeal without further notice. As of today’s date, appellant has not complied.
    A challenge to temporary orders in a suit affecting the parent-child relationship is
    allowed through mandamus, as there is no adequate remedy by appeal. See TEX. FAM. CODE
    ANN. § 105.001(e) (“Temporary orders rendered under this section are not subject to
    interlocutory appeal.”); Little v. Daggett, 
    858 S.W.2d 368
    , 369 (Tex. 1993) (orig. proceeding).
    Because this Court has no jurisdiction to review a temporary order by direct appeal, we dismiss
    this appeal. See id; TEX. R. APP. P. 42.3(a).
    /Bill Pedersen, III/
    BILL PEDERSEN, III
    JUSTICE
    190972F.P05
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    IN THE INTEREST OF J.C., A CHILD                    On Appeal from the 304th Judicial District
    Court, Dallas County, Texas
    No. 05-19-00972-CV                                  Trial Court Cause No. JC-19-00707-W.
    Opinion delivered by Justice Pedersen, III.
    Justices Reichek and Carlyle participating.
    In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
    Judgment entered this 5th day of September, 2019.
    –3–
    

Document Info

Docket Number: 05-19-00972-CV

Filed Date: 9/5/2019

Precedential Status: Precedential

Modified Date: 4/17/2021