In the Interest of B.R.M. and M.M.M., Children v. the State of Texas

• Court: Texas Court of Appeals, 7th District (Amarillo)
• Decided: March 4, 2026
• Docket: 07-26-00149-CV
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-25-00175-CV No. 07-26-00149-CV

IN THE INTEREST OF B.R.M. AND M.M.M., CHILDREN

On Appeal from the 140th District Court Lubbock County, Texas Trial Court No. 2016-522,264, Honorable Douglas H. Freitag, Presiding

March 4, 2026 ORDER OF SEVERANCE AND DISMISSAL Before PARKER, C.J., and DOSS and YARBROUGH, JJ.

Appellant, Swanna Flores, appeals from the trial court’s Order in Suit Affecting the

Parent-Child Relationship. This Court previously abated and remanded the appeal for a

determination of whether Flores was entitled to preparation of the reporter’s record

without payment of costs pursuant to Rule of Civil Procedure 145. Following a hearing

on remand, the trial court entered Findings and Orders Upon Remand from Court of

Appeals Concerning Request for Free Reporter’s Record, finding that Flores was entitled

to a free reporter’s record and directing the reporter to prepare it. Appellee, Jordan McEwen, subsequently filed a notice of appeal seeking to

challenge the trial court’s Findings and Orders Upon Remand from Court of Appeals

Concerning Request for Free Reporter’s Record. That order, however, is not appealable

by McEwen. Rule of Civil Procedure 145(g)(1) expressly states that “[o]nly the declarant

may challenge an order issued by the trial court under this rule.” Because Flores filed the

Statement of Inability to Afford Payment of Court Costs, she is the “declarant” and the

only party that may appeal the trial court’s order concerning payment of costs. See TEX.

R. CIV. P. 145(b), (g)(1). By letter of February 5, 2026, we directed McEwen to file a

written response, no later than February 17, 2026, establishing this Court’s jurisdiction

over his purported appeal. McEwen has not responded to the Court’s directive to date.

Because we lack jurisdiction to review the trial court’s order granting Flores relief

under Rule of Civil Procedure 145, we dismiss McEwen’s appeal for want of jurisdiction.

See TEX. R. APP. P. 42.3(a). Accordingly, we sever McEwen’s appeal into cause number

07-26-00149-CV, and dismiss it.

Flores’s appeal shall continue to disposition under appellate cause number 07-25-

00175-CV.

It is so ordered.

Per Curiam