G. A. J. v. Department of Family and Protective Services

• Court: Court of Appeals of Texas
• Decided: February 2, 2012
• Docket: 01-11-00956-CV
• Status: Published

Opinion

Opinion issued February 2, 2012.

In The

Court of Appeals

For The

First District of Texas

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NO. 01-11-00956-CV

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In the interest of G.A.J.

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Case No. 2010-35353

MEMORANDUM OPINION

          Appellant has filed a notice of appeal from “all orders entered in [this case] while initial MOTION FOR RECUSAL OF 309TH JUDGE was filed on 6-9-10.” She references and attaches an order issued by the trial court on October 13, 2011, which is an agreed temporary order on conservatorship. Because the orders appealed from appear to be interlocutory and not statutorily approved for interlocutory appeal,[1]  the Clerk of this Court sent appellant a notice of possible dismissal for want of jurisdiction on December 7, 2011. The notice informed appellant that her appeal appeared to relate to interlocutory orders over which this Court has no jurisdiction and allowed her until December 21, 2011 to file a response demonstrating jurisdiction, if any. The notice also informed her that failure to file a meritorious response could result in dismissal of her appeal. Appellant requested additional time to file a response, and the Court extended her deadline to January 24, 2012. Appellant failed to file a response by that date.

Accordingly, we dismiss this appeal. See Tex. R. App. P. 42.3(a), (c). All outstanding motions are denied as moot.

PER CURIAM

Panel consists of Chief Justice Radack and Justices Higley and Brown.

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[1]           Appellate courts have jurisdiction to consider appeals of interlocutory orders only if a statute explicitly provides such jurisdiction. Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998). Section 51.014 of the Texas Civil Practice and Remedies Code specifically provides for the appeal of certain interlocutory orders, but the order attached to appellant’s notice of appeal does not fall within one of section 51.014’s categories of approved orders. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (West Supp. 2011). Courts of appeals have specifically recognized that orders addressing temporary conservatorship of children are interlocutory orders over which courts of appeals lack subject-matter jurisdiction. E.g., In re X.C.B., No. 14-08-00851-CV, 2009 WL 2370911, at *2 (Tex. App.—Houston [14th Dist.] July 30, 2009, pet. struck) (mem. op.) (citing In re N.J.G., 980 S.W.2d 764, 767 (Tex. App.—San Antonio 1998, no pet.)). Appellant’s notice of appeal is broad enough to include other orders from the trial court, but appellant has not identified any such orders for this Court and failed to respond to our notice regarding jurisdiction.