in the Interest of B.W., a Child

Opinion

Opinion filed December 16, 2010

                                                                       In The

  Eleventh Court of Appeals

                                                                   __________

                                                         No. 11-10-00286-CV

                            IN THE INTEREST OF B.W., A CHILD

                                  On Appeal from the County Court at Law

                                                          Midland County, Texas

                                                 Trial Court Cause No. FM 51,610

                                            M E M O R A N D U M   O P I N I O N

         On October 7, 2010, the trial court signed a temporary order following an adversary hearing.  Gerald Blace West filed a pro se notice of appeal.

         The Texas Department of Family and Protective Services has filed a motion to dismiss on the grounds that the October 7 order is not appealable.  The clerk of this court wrote West and directed him to respond to the motion to dismiss on or before December 6, 2010.  West has not filed a response.

        The October 7 order is a non-appeable interlocutory order.  Tex. Fam. Code Ann. § 105.001(e) (Vernon 2008); Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (Vernon 2008).  The motion is granted, and the appeal is dismissed.

December 16, 2010                                                                 PER CURIAM

Panel consists of:  Wright, C.J.,

McCall, J., and Strange, J.