in the Interest of T.T., G.M. and C.M., Children

DISMISSED; Opinion Filed May 21, 2019.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00321-CV
IN THE INTEREST OF T.T., G.M. AND C.M., CHILDREN
On Appeal from the 439th Judicial District Court
Rockwall County, Texas
Trial Court Cause No. 1-17-0922
MEMORANDUM OPINION
Before Justices Myers, Osborne, and Nowell
Opinion by Justice Myers
This appeal follows the trial court’s order terminating Mother and Father’s parental rights
to their children. The appeal was filed by the paternal grandfather, who asserted in the notice of
appeal that he had intervened in the underlying suit. After reviewing the clerk’s record and finding
nothing that reflected paternal grandfather had intervened, we directed him to file a letter brief
addressing how he had standing to appeal the trial court’s termination order. See State v. Naylor,
466 S.W.3d 783, 787 (Tex. 2015) (“appellate standing is typically afforded ‘only to parties of
record’”) (quoting Gunn v. Cavanaugh, 391 S.W.2d 723, 724-25 (Tex. 1965)); Johnston v. Crook,
93 S.W.3d 263, 268 (Tex. App.—Houston [14th Dist.] 2002, pet. denied) (“[A]n intervenor is a
party for purposes of appeal only if (1) she timely files a [plea of intervention], and (2) the trial
court does not strike the pleading before the entry of final judgment.”). We explained that an
appellate court generally has no jurisdiction over an appeal filed by an appellant who lacks
standing and cautioned him that failure to comply by April 15, 2019 could result in dismissal of
the appeal. See Naylor, 466 S.W.3d at 787 (“[A]n appeal filed by an improper party must be
dismissed.”); see also TEX. R. APP. P. 42.3(a),(c). To date, however, he has not responded.
Because the record does not reflect paternal grandfather intervened, he lacks standing to
challenge the order of termination and we lack jurisdiction over the appeal. See Naylor, 466
S.W.3d at 787. Accordingly, we dismiss the appeal. See id.; see also TEX. R. APP. P. 42.3(a).
/Lana Myers/
LANA MYERS
JUSTICE
190321F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF T.T., G.M. AND On Appeal from the 439th Judicial District
C.M., CHILDREN Court, Rockwall County, Texas
Trial Court Cause No. 1-17-0922.
No. 05-19-00321-CV Opinion delivered by Justice Myers,
Justices Osborne and Nowell participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered this 21st day of May, 2019.
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