in the Matter of the Marriage of Zimra Smith and Rodell Theodore Smith and in the Interest of T.S., R.S., L.S., S.S., and R.S., Minor Children

DISMISS; and Opinion Filed January 24, 2014.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01344-CV
IN THE INTEREST OF T.S., R.S., L.S., S.S., AND R.S., CHILDREN
On Appeal from the 429th Judicial District Court
Collin County, Texas
Trial Court Cause No. 429-54296-2013
MEMORANDUM OPINION
Before Justices Francis, Lang-Miers, and Lewis
Opinion by Justice Francis
Appeal is brought from this order in a suit affecting the parent/child relationship. In a
letter dated December 11, 2013, the Court questioned its jurisdiction absent an appealable order.
We instructed appellant to file a letter brief by January 3, 2014 addressing our jurisdictional
concern. We cautioned appellant that failure to file a jurisdictional brief by the requested date
may result in dismissal of the appeal without further notice. As of today’s date, appellant has not
filed a jurisdictional brief.
In his notice of appeal, appellant states he is appealing the ruling from the hearing held
on September 24, 2013. On that date, the trial court conducted a hearing on appellee’s motion
for temporary orders. The trial court signed temporary orders on September 25, 2013. Section
105.001 of the Texas Family Code expressly precludes an interlocutory appeal from temporary
orders in a suit affecting the parent/child relationship. See TEX. FAM. CODE ANN. § 105.001(e)
(West 2008). Because temporary orders are not appealable, we dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a).
/Molly Francis/
MOLLY FRANCIS
JUSTICE
131344F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF T.S., R.S., L.S., On Appeal from the 429th Judicial District
S.S., AND R.S., CHILDREN Court, Collin County, Texas.
Trial Court Cause No. 429-54296-2013.
No. 05-13-01344-CV Opinion delivered by Justice Francis.
Justices Lang-Miers and Lewis,
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, Zimra Smith, recover her costs of this appeal from
appellant, Rodell Theodore Smith.
Judgment entered this 24th day of January, 2014.
/Molly Francis/
MOLLY FRANCIS
JUSTICE
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