Curtis McNeary v. Deborah McNeary ( 2003 )

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-03-262 CV ____________________

CURTIS MCNEARY, Appellant

V.

DEBORAH MCNEARY, Appellee

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On Appeal from the 9th District Court Montgomery County, Texas Trial Cause No. 01-07-04631 CV

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MEMORANDUM OPINION ⁽¹⁾  

On May 27, 2003, Curtis McNeary filed notice of appeal from an order denying a writ of habeas corpus for the return of a child subject to an order affecting the parent-child relationship. On June 19, 2003, we notified the parties that the denial of the writ had not been reduced to writing. The appellant provided the Court with a copy of the out-of-state decree, but did not controvert the district clerk's assertion that the denial of the application for writ of habeas corpus had not been reduced to writing. On September 6, 2003, we notified the parties that the appeal would be dismissed for lack of jurisdiction unless we received a response showing grounds for continuing the appeal.

The proceeding before the Court is an appeal, not an original proceeding. The Court finds that no appealable order has been entered in this case. The Court finds it does not have jurisdiction over the appeal.

It is, therefore, ordered that the appeal be dismissed.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered November 6, 2003

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.