in the Interest of R.M.L. and R.M.L., Minor Children ( 2000 )

In the Interest of R.M.L. and R.M.L., Minor Children

  IN THE

TENTH COURT OF APPEALS

No. 10-99-279-CV

IN THE INTEREST OF R.M.L. AND R.M.L.,

MINOR CHILDREN,

From the 249th District Court

Johnson County, Texas

Trial Court # 5715-80

MEMORANDUM OPINION

      Notice of appeal in this cause was filed with this Court on September 27, 1999. It appears from the face of the notice that this is an appeal from a master’s decision in a child support action. It also appears that this notice was intended to be filed, and was filed, with the district court. The notice was then forwarded to us and assigned an appellate number.

      An appeal of a master’s recommendation is to the referring court. The notice must be sent to the referring court and the clerk of that court. See Tex. Fam. Code Ann. §§ 201.1042 and 201.015 (Vernon Supp. 2000). The statute does not provide for an appeal of a master’s decision to this Court. Therefore, we are without jurisdiction to consider this appeal.

      We may dismiss an appeal for want of jurisdiction on our own initiative after giving the parties ten days notice. Tex. R. App. P. 42.3(a). On December 23, 1999, we notified the parties of this possibility. After the passage of ten days, we received confirmation from the appellant that the appeal was from a master’s decision to the district court, and the notice of appeal was mistakenly sent to us. Thus, we dismiss this cause for want of jurisdiction.

                                                             PER CURIAM

Before Chief Justice Davis,

          Justice Vance, and

          Justice Gray

Dismissed for want of jurisdiction

Opinion delivered and filed January 19, 2000

Do not publish

BOB L. THOMAS

                                                                                 Chief Justice

Before Chief Justice Thomas,

          Justice Cummings, and

          Justice Vance

Affirmed

Opinion delivered and filed November 9, 1994

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