in the Interest of B v. R v. R v. and R v. Minor Children

Court of Appeals of Texas

in the Interest of B v. R v. R v. and R v. Minor Children

DecidedApril 12, 2021

Docket04-21-00086-CV

StatusPublished

This text of in the Interest of B v. R v. R v. and R v. Minor Children (in the Interest of B v. R v. R v. and R v. Minor Children) 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.

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in the Interest of B v. R v. R v. and R v. Minor Children, (Tex. Ct. App. 2021).

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Opinion

Fourth Court of Appeals San Antonio, Texas April 12, 2021

No. 04-21-00086-CV

IN THE INTEREST OF B.V., R.V., R.V., AND R.V., MINOR CHILDREN,

From the County Court at Law No 2, Webb County, Texas Trial Court No. 2018FLC000678-C3 Honorable Victor Villarreal, Judge Presiding

ORDER The underlying case is a suit to modify the parent-child relationship. On December 21, 2020, the trial court signed temporary orders in the case. On January 21, 2021, appellant filed a motion to enforce the temporary orders and for sanctions. On February 26, 2021, the trial court signed an order denying appellant’s motion to enforce the temporary orders and for sanctions. On March 10, 2021, appellant filed a notice of appeal, stating he is appealing the trial court’s February 26, 2021 order.

The clerk’s record does not contain a final, appealable order. The trial court’s February 26, 2021 order does not dispose of all parties and causes of action and is therefore interlocutory. Interlocutory orders may sometimes be appealed, but only if a specific statute authorizes such an interlocutory appeal. For example, section 51.014 of the Texas Civil Practice and Remedies Code lists circumstances under which a party may appeal from an interlocutory order of a district court, county court at law, or county court. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014. We cannot, however, find any statutory authority that allows a party to appeal from the interlocutory order challenged in this appeal.

We, therefore, ORDER appellant to show cause in writing on or before April 19, 2021, why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.

_________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of April, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas April 12, 2021

No. 04-21-00086-CV

IN THE INTEREST OF B.V., R.V., R.V., AND R.V., MINOR CHILDREN,

From the County Court at Law No 2, Webb County, Texas Trial Court No. 2018FLC000678-C3 Honorable Victor Villarreal, Judge Presiding

ORDER The underlying case is a suit to modify the parent-child relationship. On December 21, 2020, the trial court signed temporary orders in the case. On January 21, 2021, appellant filed a motion to enforce the temporary orders and for sanctions. On February 26, 2021, the trial court signed an order denying appellant’s motion to enforce the temporary orders and for sanctions. On March 10, 2021, appellant filed a notice of appeal, stating he is appealing the trial court’s February 26, 2021 order.

The clerk’s record does not contain a final, appealable order. The trial court’s February 26, 2021 order does not dispose of all parties and causes of action and is therefore interlocutory. Interlocutory orders may sometimes be appealed, but only if a specific statute authorizes such an interlocutory appeal. For example, section 51.014 of the Texas Civil Practice and Remedies Code lists circumstances under which a party may appeal from an interlocutory order of a district court, county court at law, or county court. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014. We cannot, however, find any statutory authority that allows a party to appeal from the interlocutory order challenged in this appeal.

We, therefore, ORDER appellant to show cause in writing on or before April 19, 2021, why this appeal should not be dismissed for lack of jurisdiction. We suspend all appellate deadlines pending our determination of whether we have jurisdiction over this appeal.

_________________________________ Irene Rios, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 12th day of April, 2021.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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