in the Interest of C.G. and T.G., Children

Opinion

COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00062-CV

IN THE INTEREST OF C.G. AND T.G., CHILDREN

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FROM THE 325TH DISTRICT COURT OF TARRANT COUNTY TRIAL COURT NO. 325-580928-15

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MEMORANDUM OPINION1

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Appellant Father attempts to appeal from the trial court’s order setting aside a default judgment and granting a new trial to Appellee Mother.2 We dismiss the appeal for want of jurisdiction.

1 See Tex. R. App. P. 47.4.

2 We use aliases for the children and their relatives throughout this opinion.

See Tex. R. App. P. 9.8(b)(2).

Father timely filed his notice of appeal with the district clerk on February 24, 2016. Attached to his notice of appeal was a copy of a trial court order signed on February 12, 2016, that granted Mother’s motion for new trial. On March 1, 2016, we sent a letter to Father expressing concern that we might not have jurisdiction over the appeal because the order did not appear to be a final judgment or an appealable interlocutory order. We requested a response showing any grounds for continuing the appeal. Father did not respond to the court’s request.

Generally speaking, appellate courts have jurisdiction over appeals in cases where a final judgment has been rendered that disposes of all issues and parties in the case. Kiefer v. Kiefer, 132 S.W.3d 601, 602 (Tex. App.—Fort Worth 2004, no pet.). An order granting a motion for new trial is not a final judgment that can be immediately appealed. Lynn v. Hanna, 296 S.W. 280, 281 (Tex. 1927). Rather, it is an interlocutory order that appellate courts are without power to review. Id.

The Texas Legislature has by statute authorized the immediate appeal of several types of interlocutory orders. See, e.g., Tex. Civ. Prac. & Rem. Code Ann. §§ 150.002(f), 171.098 (West 2011), § 51.016 (West 2015), §§ 15.003(b), 51.014(a) (West. Supp. 2015). However, none of these statutory exceptions apply to the order before us.

Because the order granting a new trial is neither a final judgment nor an appealable interlocutory order, we have no jurisdiction over this appeal.

3

Accordingly, we dismiss the appeal for want of jurisdiction. Tex. R. App. P. 42.3(a).

/s/ Lee Gabriel

LEE GABRIEL

JUSTICE

PANEL: LIVINGSTON, C.J.; GABRIEL and SUDDERTH, JJ. DELIVERED: April 7, 2016