In Re DB

80 S.W.3d 698, 2002 WL 1371228
CourtCourt of Appeals of Texas
DecidedJune 26, 2002
Docket05-01-01802-CV
StatusPublished

This text of 80 S.W.3d 698 (In Re DB) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re DB, 80 S.W.3d 698, 2002 WL 1371228 (Tex. Ct. App. 2002).

Opinion

80 S.W.3d 698 (2002)

In the Interest of D.B., a Child.

No. 05-01-01802-CV.

Court of Appeals of Texas, Dallas.

June 26, 2002.

*699 Carl D. Hughes, Dallas, for appellant.

Karen R. Wise, Asst. Dist. Atty., William T. (Bill) Hill, Jr., Dallas, for appellee.

Before Justices O'NEILL, FARRIS,[1] and ROSENBERG.[2]

OPINION

Opinion by Justice BARBARA ROSENBERG (Assigned).

In a single issue, D.B. contends the trial court erred in denying his pretrial motion to suppress his written statement when his parent was not promptly notified after he was taken into custody, in violation of section 52.02(b) of the Juvenile Justice Code. See Tex. Fam.Code Ann. § 52.02(b) (Vernon Supp.2002). Concluding we do not have jurisdiction, we dismiss this interlocutory appeal.

PROCEDURAL BACKGROUND

The State filed a petition alleging D.B. engaged in delinquent behavior of motor vehicle theft. D.B. filed a motion to suppress his written statement to the police. At the hearing on the motion to suppress, the trial court told counsel for D.B. that he considered D.B.'s statement admissible, despite the violation of section 52.02(b) requiring parental notification of a juvenile's detention. Counsel for D.B. then discussed with the trial court appealing the denial of the motion to suppress. The trial court advised counsel that if D.B. pleaded guilty, he would waive the right to appeal the suppression decision. The court then offered to reset the matter for a plea and "give [D.B.] an opportunity to appeal." Counsel requested the court to "certify the question" and "postpone the jury trial until we have received a ruling from the Court of Appeals." The trial court agreed to do so. The order denying D.B.'s motion to suppress found that D.B.'s written statement was admissible because it was made in compliance with section 51.095 of the Juvenile Justice Code, even though section 52.02 was violated. The order also stated *700 that the trial court "is of the further opinion and so finds that it is in the best interest of juvenile justice to continue the trial of this cause and allow [D.B.] to appeal this interlocutory order." The order continued the trial. Counsel for D.B. and for the State approved the order as to form. Appellant appealed the order denying his motion to suppress.

JURISDICTION[3]

The Juvenile Justice Code provides the circumstances under which an appeal in a juvenile case may be taken. Tex. Fam.Code Ann. § 56.01(c) (Vernon Supp.2002). Generally, appeals in juvenile cases may be taken only from adjudication and disposition orders, with certain exceptions not applicable here. Id.; In re J.C.H., Jr., 12 S.W.3d 561, 562 (Tex.App.-San Antonio 1999, no pet.) (noting that issues relating to adjudication may be appealed within time provided for timely appeal of disposition order). There is no order of adjudication or disposition in this case. Therefore, the order denying D.B.'s motion to suppress is an interlocutory order.[4] Appellate courts have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly provides appellate jurisdiction. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex.1998); see Tex. Fam.Code Ann. § 56.01(b) (Vernon Supp.2002) (providing that requirements governing appeal in juvenile cases are same as in civil cases generally).

This appeal is authorized only under section 51.014(d) of the civil practice and remedies code, which provides that a district court may issue a written order for interlocutory appeal in a civil action not otherwise appealable under section 51.014 if:

(1) the parties agree that the order involves a controlling question of law as to which there is a substantial ground for difference of opinion;
(2) an immediate appeal from the order may materially advance the ultimate termination of the litigation; and
(3) the parties agree to the order.

TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(d) (Vernon Supp.2002). Subsection (f) provides:

If application is made to the court of appeals that has appellate jurisdiction over the action not later than the 10th day after the date an interlocutory order under Subsection (d) is entered, the appellate court may permit an appeal to be taken from that order.

Id. § 51.014(f). "We construe [section 51.014] authorizing interlocutory appeals strictly because it `is a narrow exception to the general rule that only final judgments and orders are appealable.'" Montgomery County v. Fuqua, 22 S.W.3d 662, 664 (Tex.App.-Beaumont 2000, pet. denied) (citation omitted).

Agreement

First, the appealed order denying the motion to suppress must meet the requirements of subsection (d). Subsection (d)(3) requires that the parties agree to the order. Tex. Civ. Prac. & Rem.Code Ann. § 51.014(d). While the State approved the form of the order, there was no *701 discussion at the hearing of the State's agreeing or disagreeing with an interlocutory appeal. Thus, even assuming that the requirements of subsection (d)(1), that the parties agree that the order involves a controlling question of law as to which there is a substantial ground for difference of opinion, and (d)(2), that an immediate appeal from the order may materially advance the ultimate termination of the litigation, were met, we conclude the record does not show that the parties agreed to the order, as required by subsection (d)(3). See Baw v. Baw, 949 S.W.2d 764, 766-67 (Tex.App.-Dallas 1997, no pet.) (noting phrase "approved as to form and substance standing alone does not transform a judgment into a consent judgment"); Bexar County Criminal Dist. Attorney's Office v. Mayo, 773 S.W.2d 642, 644 (Tex. App.-San Antonio 1989, no writ) (noting approval as to form indicates written judgment accurately sets forth court's ruling).

Application

Next, this appeal requires an "application" be made to this Court in order for this Court to determine whether to permit this discretionary appeal. TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(f); see House Comm. on Civil Practices, Bill Analysis, Tex. H.B. 978, 77th Leg., R.S. (2001) (stating bill authorizes appellate court "to permit an appeal"); House Research Organization, Bill Analysis of Committee Substitute Tex. H.B. 978, 77th Leg., R.S. (Apr. 9, 2001) (stating appellate court "could choose to hear the appeal or not"); Black's Law Dictionary 99 (6th ed. 1990) (defining "apply" as making a formal request, usually in writing, to a court for the granting of some favor, rule, or order that is within its discretion). D.B.

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in the Interest of D.B.
80 S.W.3d 698 (Court of Appeals of Texas, 2002)

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Bluebook (online)
80 S.W.3d 698, 2002 WL 1371228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-db-texapp-2002.