In the Interest of N.G.M., a Child v. the State of Texas ( 2023 )


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  • Dismiss and Opinion Filed August 7, 2023
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-23-00253-CV
    IN THE INTEREST OF N.G.M., A CHILD
    On Appeal from the 301st Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF-22-05861
    MEMORANDUM OPINION
    Before Justices Partida-Kipness, Reichek, and Miskel
    Opinion by Justice Reichek
    This appeal was filed after the Office of the Attorney General filed a notice in
    the trial court that it was nonsuiting its petition to establish the parent-child
    relationship, the sole affirmative pleading in the underlying cause. Because nothing
    before us indicated the trial court had signed an order of nonsuit or other appealable
    order or judgment, we questioned our jurisdiction over the appeal. See Jack B.
    Anglin Co., Inc. v. Tipps, 
    842 S.W.2d 266
    , 272 (Tex. 1992) (appellate courts have
    jurisdiction over final judgments that dispose of all parties and claims and
    interlocutory orders authorized by statute to be appealed); see also Farmer v. Ben E.
    Keith Co., 
    907 S.W.2d 495
    , 496 (Tex. 1995) (per curiam) (appellate timetable runs
    from date judgment is signed, not form filing of pleading). Although we gave
    appellant an opportunity to demonstrate jurisdiction, he has failed to do so.
    Accordingly, on the record before us, we dismiss the appeal for want of jurisdiction.
    See TEX. R. APP. P. 42.3(a).
    230253f.p05                                /Amanda L. Reichek//
    AMANDA L. REICHEK
    JUSTICE
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    IN THE INTEREST OF N.G.M., A                On Appeal from the 301st Judicial
    CHILD                                       District Court, Dallas County, Texas
    Trial Court Cause No. DF-22-05861.
    No. 05-23-00253-CV                          Opinion delivered by Justice
    Reichek, Justices Partida-Kipness
    and Miskel participating.
    In accordance with this Court’s opinion of this date, we DISMISS the appeal.
    Judgment entered this 7th day of August 2023.
    –3–
    

Document Info

Docket Number: 05-23-00253-CV

Filed Date: 8/7/2023

Precedential Status: Precedential

Modified Date: 8/9/2023