in the Interest of W. L. D. W. a Child ( 2007 )

NO. 07-07-0395-CV

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

OCTOBER 10, 2007 ______________________________

IN THE INTEREST OF W.L.D.W., A CHILD ________________________________

FROM THE COUNTY COURT AT LAW NO. 2 OF LUBBOCK COUNTY;

NO. 95-550,311; HON. DRUE FARMER, PRESIDING

_______________________________

Order of Dismissal ________________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Preston Jerome White attempts to appeal from temporary orders entered in a suit affecting the parent-child relationship. We dismiss the appeal for lack of jurisdiction.

The record before us reveals that the Texas Department of Family and Protective Services filed a petition seeking appointment as temporary managing conservator of W.L.D.W., a minor child. On August 22, 2007, the trial court entered temporary orders and set the next hearing in the matter for October 10, 2007. It is from this order that White appeals.

Pursuant to section 105.001(e) of the Texas Family Code, the appeal is interlocutory and cannot be appealed. Tex. Fam Code Ann. 105.001(e) (Vernon Supp. 2006); See In the Interest of N.J.G., 980 S.W.2d 764, 767 (Tex. App.-San Antonio 1998, no pet.).

Accordingly, without considering or addressing the issue of whether White timely filed his notice of appeal, we dismiss the appeal for lack of jurisdiction. Tex. R. App. P. 42.3, 43.2(f).

Brian Quinn

Chief Justice

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ORDER ON EMERGENCY MOTION FOR TEMPORARY RELIEF

          Relators, Robert Pat Whiteaker and Whiteaker Ranches, Inc., have filed a petition for writ of mandamus alleging an abuse of discretion by the trial court in the signing of an order approving the sale of receivership property and authorizing and directing the Receiver, Wayne Cogdill, to complete the sale pursuant to the terms of a certain Farm and Ranch Purchase Contract between Whiteaker Family Ranches Limited Partnership as seller and Doug Lathem as buyer (hereinafter referred to as the Lathem Contract). Additionally, Relators have filed an emergency motion for temporary relief requesting this Court to stay the effectiveness of that order pending disposition of their original petition.

          An appellate court, pursuant to Rule 52.10(a) of the Texas Rules of Appellate Procedure, may without notice grant any “just relief” pending the disposition of the original petition. Just relief may include staying the enforcement of an order for purposes of protecting the jurisdiction of the appellate court by maintaining the status quo of the underlying proceeding while the court considers the merits of the mandamus action. In re Kelleher, 999 S.W.2d 51, 52 (Tex.App.–Amarillo 1999, orig. proceeding); In re Reed, 901 S.W.2d 604, 609 (Tex.App.–San Antonio 1995, orig. proceeding).

           Having reviewed the emergency motion for temporary relief and the petition for writ of mandamus, this Court is of the opinion that the underlying issue here is whether the Lathem Contract is a valid and enforceable obligation of the Whiteaker Family Ranches Limited Partnership and whether the Receiver should be ordered to complete the sale pursuant to the terms of that contract. Because the order in question directly bears upon those issues, in the interest of justice and judicial economy, we grant Relators’ request for temporary relief and stay the enforcement of the trial court’s order of January 4, 2010.

          CONCLUSION

          Relators’ motion for emergency relief is granted. The trial court’s order of January 4, 2010, is stayed pending disposition of Relators’ Petition for Writ of Mandamus. The Court further orders that the original plaintiffs, Martha Lane Clark, Debra Carol Horn, Travis Wayne Horn, Travis Lee Parker, Otis Brandon Parker, and Monica Carol Parker; the Receiver, Wayne Cogdill; the Intervenor, Doug Lathem; and the Intervenors, Kevin Spielman and Kay Spielman, d/b/a Kevin Spielman Farms and d/b/a Spielman Cattle Company, file a response to the petition for writ of mandamus by January 18, 2010.

                                                                           Per Curiam