in the Interest of C.A.S., a Child

• Court: Court of Appeals of Texas
• Decided: June 7, 2016
• Docket: 05-16-00296-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed June 7, 2016.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00296-CV

IN THE INTEREST OF C.A.S., A CHILD

On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-12-19179

MEMORANDUM OPINION Before Justices Lang-Miers, Evans, and Brown Opinion by Justice Brown Appellant appeals from the trial court’s February 11, 2016 order granting exclusive

possession and custody of C.A.S. to appellee. In a letter dated April 15, 2016, we questioned our

jurisdiction over this appeal because the order did not appear to finally dispose of appellee’s

petition to modify the parent-child relationship. We instructed appellant to file a letter brief by

April 28, 2016 addressing our concern and cautioned her that failure to do so may result in

dismissal of the appeal without further notice. As of today’s date, appellant has not filed the

requested jurisdictional brief.

Generally, this Court has jurisdiction only over appeals from final judgments and certain

interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,

195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id.

In his motion to modify the parent-child relationship, appellee requested a change in

conservatorship giving him the right to designate the primary residence of the child, a reduction in child support, a permanent injunction preventing appellant from interfering with his

possession and access schedule, a change to the child’s last name, and attorney’s fees. The trial

court’s February 11, 2016 order reads, in its entirety, as follows:

On today’s date, this Court Grants Exclusive possession and custody to Sammy Reese Jr. of the child [C.A.S.].

Ashley Nechole Dobin is Ordered to turn the child over to Sammy Reese Jr. at 6:30 p.m. today. The Father Sammy Reese Jr. may pick up the child wherever she is found however, Ashley Nechole Dobin is Order[ed] to turn the child over to Sammy Reese, Jr. at 4624 Elizabeth, Texarkana, TX 75503 at 6:30 p.m. on Feb. 11, 2016.

The order does not dispose of all the claims asserted in appellee’s petition to modify. Because

the trial court’s order is not a final disposition of the petition to modify the parent-child

relationship, we lack jurisdiction over this appeal. For this reason, we dismiss the appeal. See

TEX. R. APP. P. 42.3(a).

/Ada Brown/ ADA BROWN JUSTICE

160296F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

IN THE INTEREST OF C.A.S., A CHILD On Appeal from the 254th Judicial District Court, Dallas County, Texas. No. 05-16-00296-CV Trial Court Cause No. DF-12-19179. Opinion delivered by Justice Brown. Justices Lang-Miers and Evans participating.

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee SAMMY REESE, JR. recover his costs of this appeal from appellant ASHLEY DOBIN.

Judgment entered this 7th day of June, 2016.

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