in the Interest of B.C.C.

• Court: Court of Appeals of Texas
• Decided: February 9, 2023
• Docket: 09-23-00001-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-23-00001-CV __________________

IN THE INTEREST OF B.C.C.

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On Appeal from the 317th District Court Jefferson County, Texas Trial Cause No. C-224,292-E __________________________________________________________________

MEMORANDUM OPINION

D.C. filed a notice of appeal from an order denying a motion to abate. We

questioned whether the trial court had signed a final judgment or an order that is

appealable as an accelerated appeal.1 D.C. and the Office of the Attorney General

filed a response to our request, and both agree the trial court’s order is an

interlocutory order that is not appealable as an accelerated appeal. D.C. requests that

we retain this matter as an original proceeding for a writ of mandamus, but he has

1 To protect the privacy of the parties, we refer to the child and the parties by their initials only. See Tex. Fam. Code Ann. § 109.002(d). 1 not filed a brief that we could consider as a mandamus petition. Under these

circumstances, judicial efficiency will be served by dismissing the attempted appeal

without reference to the merits and without prejudice to D.C.’s right to seek

mandamus relief by filing a Petition for Writ of Mandamus. Accordingly, we dismiss

the appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a); 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on February 8, 2023 Opinion Delivered February 9, 2023

Before Golemon, C.J., Johnson and Wright, JJ.