Andres Terrazas v. Besai Terrazas ( 2015 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
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ANDRES TERRAZAS, No. 08-15-00159-CV
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Appellant, Appeal from the
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v. 65th District Court
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BESAI TERRAZAS, of El Paso County, Texas
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Appellee. (TC# 2015DCM2535)
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MEMORANDUM OPINION
This appeal is before the Court on its own motion for determination of whether it should
be dismissed for want of jurisdiction. On May 5, 2015, an associate judge entered a protective
order against Appellant, Andres Terrazas. Appellant did not waive his right to a de novo hearing
before the referring court. The following day, Appellant filed with the El Paso County District
Clerk a notice of appeal and objections to the associate judge’s findings and order. The District
Clerk forwarded the notice of appeal and a docketing certificate to this Court. Appellant’s
attorney has since notified the Court that the notice of appeal should not have been filed in this
Court because Appellant is appealing the associate judge’s recommendation to the referring
court, and he requests that we return the case to the district court. This Court does not have
jurisdiction to review the order of the associate judge when a party has timely requested a de
novo hearing before the referring court. See TEX.FAM.CODE ANN. §§ 201.013(b), 201.014,
201.015 (West 2014). Accordingly, we dismiss the appeal for want of jurisdiction.
STEVEN L. HUGHES, Justice
May 22, 2015
Before McClure, C.J., Rodriguez, and Hughes, JJ.
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