Gary W. Price v. Brenda Marie Price

• Court: Court of Appeals of Texas
• Decided: August 1, 2013
• Docket: 05-13-00659-CV
• Status: Published

Opinion

DISMISS; Opinion Filed August 1, 2013.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00659-CV

IN THE INTEREST OF C.W.P. AND D.W.P., CHILDREN

On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-12-16098

MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Myers This is an appeal from the trial court’s temporary orders in a pending suit for divorce and

for orders regarding conservatorship of the children. Because an appeal from an interlocutory

order can only be taken if authorized by statute, and the Texas Family Code specifically

precludes an interlocutory appeal from an order for the temporary conservatorship of a child, we

directed appellant to file a letter brief demonstrating our jurisdiction over the appeal. See TEX.

FAM. CODE ANN. § 105.001(e) (West 2008); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266,

272 (Tex. 1992). We directed appellant to file the brief no later than July 8, 2013. To date,

however, appellant has not complied or otherwise communicated with the Court. Accordingly,

with no authority granting us jurisdiction over the complained-of order, we DISMISS the appeal.

See TEX. R. APP. P. 42.3(a).

/Lana Myers/ 130659F.P05 LANA MYERS JUSTICE Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF C.W.P. AND On Appeal from the 256th Judicial District D.W.P., CHILDREN Court, Dallas County, Texas Trial Court Cause No. DF-12-16098. No. 05-13-00659-CV Opinion delivered by Justice Myers. Justices Lang and Evans participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Brenda Marie Price recover her costs, if any, of this appeal from appellant Gary Wayne Price.

Judgment entered this 1st day of August, 2013.

/Lana Myers/ LANA MYERS JUSTICE

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