in the Interest of H.L., a Child ( 2019 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-19-00364-CV
___________________________
IN THE INTEREST OF H.L., A CHILD
On Appeal from the 324th District Court
Tarrant County, Texas
Trial Court No. 324-595838-16
Before Sudderth, C.J.; Gabriel and Wallach, JJ.
Memorandum Opinion by Justice Wallach
MEMORANDUM OPINION
On October 4, 2019, pro se Appellants, the child H.L.’s parents (Parents), filed
a notice of appeal from the associate judge’s September 17, 2019 report. Parents
timely requested a de novo hearing before the referring district court, and that hearing
was held September 30, 2019, but no resulting order has been signed. This court
therefore notified the parties that absent a response showing grounds for continuing
the appeal, this court could dismiss the appeal based on the absence of a final
judgment or an appealable interlocutory order. In Parents’ response, they indicate
that they are instead seeking a restricted appeal of the May 30, 2019 final judgment.
Either way, we lack jurisdiction.
We have appellate jurisdiction of appeals from final judgments and from
interlocutory orders that the legislature has specified are appealable. See Lehmann v.
Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see, e.g., Tex. Civ. Prac. & Rem. Code
Ann. § 51.014. First, absent some exceptions not applicable here, when a party in a
family law case files a timely request for a de novo hearing challenging the associate
judge’s report, that report is not a final judgment or an appealable order. See Tex.
Fam. Code Ann. §§ 201.015, 201.016; In re C.R-A.A., No. 04-16-00587-CV,
2016 WL 6238237, at *1 (Tex. App.—San Antonio Oct. 26, 2016, no pet.) (per
curiam) (mem. op.); Graham v. Graham, 414 S.W.3d 800, 801 (Tex. App.—Houston
[1st Dist.] 2013, no pet.). Accordingly, we do not have jurisdiction over an appeal
from the associate judge’s September 17, 2019 report.
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Second, to the extent Parents claim that their notice of appeal is in fact a notice
of restricted appeal from the May 30, 2019 final judgment, Rule 30 of the Texas Rules
of Appellate Procedure does not allow parties (like Parents) who participated in the
hearing resulting in the judgment challenged to file a restricted appeal. See Tex. R.
App. P. 30; Franklin v. Wilcox, 53 S.W.3d 739, 741 (Tex. App.—Fort Worth 2001, no
pet.) (dismissing attempted restricted appeal for want of jurisdiction when Franklin
“appeared at the hearing through his attorney” and “participated through his attorney
in the hearing” by conducting cross-examination). The Rule 30 requirements are
jurisdictional. In re B.H.B., 336 S.W.3d 303, 305 (Tex. App.—San Antonio 2010, pet.
denied).
Because the associate judge’s September 17, 2019 report is not a final judgment
or an appealable order and because Parents cannot meet the Rule 30 requirements for
filing a restricted appeal from the May 30, 2019 final judgment, we dismiss this appeal
for want of jurisdiction. See Tex. R. App. 30, 42.3(a), 43.2(f).
/s/ Mike Wallach
Mike Wallach
Justice
Delivered: December 19, 2019
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