Chani Nicole Jensen v. Haley Marie Jensen Barb

• Court: Court of Appeals of Texas
• Decided: May 24, 2023
• Docket: 05-23-00021-CV
• Status: Published

Opinion

Dismiss and Opinion Filed May 24, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00021-CV

CHANI NICOLE JENSEN, Appellant V. HALEY MARIE JENSEN BARB, Appellee

On Appeal from the 330th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-22-08224

MEMORANDUM OPINION Before Justices Molberg, Carlyle, and Smith Opinion by Justice Molberg We questioned our jurisdiction over this appeal from the family court

associate judge’s permanent restraining order as it appeared the appeal had been filed

prematurely. Although appellant had not requested a de novo hearing before the

referring court, the referring court had not yet signed the associate judge’s order,

and, without the referring court’s signature, the order was not appealable. See TEX.

FAM. CODE ANN. §§ 201.013(b) (providing generally that when de novo hearing not

requested, associate judge’s order becomes order of referring court only on referring

court’s signing), 201.016(b) (providing generally that date referring court signs order is controlling date for purposes of appeal). Although we abated the appeal twice to

allow appellant an opportunity to obtain an order signed by the referring court, she

has not done so.

Our second order abating the appeal cautioned appellant that failure to file, by

May 2, 2023, a supplemental clerk’s record containing a copy of the referring court’s

order would result in dismissal of the appeal. See id. § 201.016(b); TEX. R. APP. P.

42.3(a). Accordingly, on the record before us, we dismiss the appeal and all pending

motions. See TEX. FAM. CODE ANN. § 201.016(b); TEX. R. APP. P. 42.3(a).

230021f.p05 /Ken Molberg// KEN MOLBERG JUSTICE

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CHANI NICOLE JENSEN, On Appeal from the 330th Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DF-22-08224. No. 05-23-00021-CV V. Opinion delivered by Justice Molberg, Justices Carlyle and Smith HALEY MARIE JENSEN BARB, participating. Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellee Haley Marie Jensen Barb recover her costs, if any, of this appeal from appellant Chani Nicole Jensen.

Judgment entered this 24th day of May 2023.

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