Gary W. Price v. Brenda Marie Price ( 2013 )


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  • DISMISS; Opinion Filed August 1, 2013.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-13-00659-CV
    IN THE INTEREST OF C.W.P. AND D.W.P., CHILDREN
    On Appeal from the 256th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF-12-16098
    MEMORANDUM OPINION
    Before Justices Lang, Myers, and Evans
    Opinion by Justice Myers
    This is an appeal from the trial court’s temporary orders in a pending suit for divorce and
    for orders regarding conservatorship of the children. Because an appeal from an interlocutory
    order can only be taken if authorized by statute, and the Texas Family Code specifically
    precludes an interlocutory appeal from an order for the temporary conservatorship of a child, we
    directed appellant to file a letter brief demonstrating our jurisdiction over the appeal. See TEX.
    FAM. CODE ANN. § 105.001(e) (West 2008); Jack B. Anglin Co., Inc. v. Tipps, 
    842 S.W.2d 266
    ,
    272 (Tex. 1992). We directed appellant to file the brief no later than July 8, 2013. To date,
    however, appellant has not complied or otherwise communicated with the Court. Accordingly,
    with no authority granting us jurisdiction over the complained-of order, we DISMISS the appeal.
    See TEX. R. APP. P. 42.3(a).
    /Lana Myers/
    130659F.P05                                         LANA MYERS
    JUSTICE
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    IN THE INTEREST OF C.W.P. AND                      On Appeal from the 256th Judicial District
    D.W.P., CHILDREN                                   Court, Dallas County, Texas
    Trial Court Cause No. DF-12-16098.
    No. 05-13-00659-CV                                 Opinion delivered by Justice Myers.
    Justices Lang and Evans participating.
    In accordance with this Court’s opinion of this date, we DISMISS the appeal.
    We ORDER that appellee Brenda Marie Price recover her costs, if any, of this appeal
    from appellant Gary Wayne Price.
    Judgment entered this 1st day of August, 2013.
    /Lana Myers/
    LANA MYERS
    JUSTICE
    130659 op.docx                               –2–
    

Document Info

Docket Number: 05-13-00659-CV

Filed Date: 8/1/2013

Precedential Status: Precedential

Modified Date: 4/17/2021