Kandis N. Hutchinson v. B&K Hutchinson LLC & William L. Hutchinson ( 2022 )

DISMISS and Opinion Filed May 4, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00343-CV
KANDIS N. HUTCHINSON, Appellant
V.
B&K HUTCHINSON LLC & WILLIAM L. HUTCHINSON, Appellee
On Appeal from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-02821
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
By motion filed April 16, 2022, appellee seeks to have dismissed this appeal
from the family court associate judge’s April 15, 2022 report denying appellant’s
request for a temporary injunction.1 Appellee asserts the report, which was to be
reduced to a written order within fourteen days, is not appealable.2 We agree.
It is well-settled that an appellate court has jurisdiction over final judgments
that dispose of all claims and parties and interlocutory orders as authorized by
1
Appellant filed the underlying suit in the civil district court. The suit, however, was subsequently
transferred to family court. Although the complained-of report was rendered after the transfer, the report
bears the district court cause number.
2
Appellant has not responded to the motion.
statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). The
Texas Family Code authorizes an associate judge to render and sign a temporary
order, see TEX. FAM. CODE ANN. § 201.007 (a)(14)(C), but it does not authorize a
direct appeal to the court of appeals from that order, see id. § 201.016(b),(c).
We have only the associate judge’s report before us, not an order. But even
if the appeal were from an order, we would lack jurisdiction. See id. 201.016(b),(c).
Accordingly, we grant the motion and dismiss the appeal. See TEX. R. APP. P.
42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220343F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KANDIS N. HUTCHINSON, On Appeal from the 301st Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. DC-22-02821.
No. 05-22-00343-CV V. Opinion delivered by Chief Justice
Burns, Justices Molberg and
B&K HUTCHINSON LLC & Goldstein participating.
WILLIAM L. HUTCHINSON,
Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee B&K Hutchinson LLC & William L. Hutchinson
recover their costs, if any, of this appeal from appellant Kandis N. Hutchinson.
Judgment entered May 4, 2022.
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