in the Interest of N.I.V.S. & M.C.V.S., Children ( 2015 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    July 28, 2015
    No. 04-15-00253-CV
    IN THE INTEREST OF N.I.V.S. & M.C.V.S., Children,
    From the 224th Judicial District Court, Bexar County, Texas
    Trial Court No. 2015-CI-04420
    Honorable Gloria Saldana, Judge Presiding
    ORDER
    This is an attempted appeal from temporary orders in a suit affecting the parent-child
    relationship. On March 16, 2015, Dino Villarreal, the appellee, filed an original petition to
    adjudicate parentage, seeking an adjudication of parentage and a determination of
    conservatorship, possession and access, and child support for the children the subject of the suit.
    On April 23, 2015, Sandra Sandoval, the appellant, filed a notice of appeal stating that on April
    22, 2015, the trial court had issued an order that resolved all claims in the original petition. After
    having reviewed the clerk’s record, we are of the opinion that the trial court has not rendered an
    order finally disposing of all issues and parties pending before the court, and therefore, we lack
    jurisdiction over this appeal.
    Generally, appeals may be taken only from final judgments. Lehmann v. Har Con Corp.,
    
    39 S.W.3d 191
    , 195 (Tex. 2001). A judgment or order is final for purposes of appeal if it actually
    disposes of all pending parties and issues before the court. 
    Id. Interlocutory orders
    may be
    appealed only when expressly permitted by statute. Bally Total Fitness Corp. v. Jackson, 
    53 S.W.3d 352
    , 352 (Tex. 2001). The Texas Family Code specifically precludes the interlocutory
    appeal of temporary orders in suits affecting the parent-child relationship. See TEX. FAM. CODE
    ANN. § 105.001 (e) (West 2014).
    We, therefore, ORDER appellant to show cause in writing by August 12, 2015 why
    this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate
    deadlines pending our determination of whether we have jurisdiction over this appeal.
    _________________________________
    Karen Angelini, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 28th day of July, 2015.
    ___________________________________
    Keith E. Hottle
    Clerk of Court
    

Document Info

Docket Number: 04-15-00253-CV

Filed Date: 7/29/2015

Precedential Status: Precedential

Modified Date: 7/30/2015