In the Interest of C.H., a Child v. the State of Texas

Court of Appeals of Texas

In the Interest of C.H., a Child v. the State of Texas

DecidedJune 16, 2023

Docket05-23-00300-CV

StatusPublished

This text of In the Interest of C.H., a Child v. the State of Texas (In the Interest of C.H., a Child v. the State of Texas) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Interest of C.H., a Child v. the State of Texas, (Tex. Ct. App. 2023).

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DISMISS and Opinion Filed June 16, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00300-CV

IN THE INTEREST OF C.H., A CHILD

On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-07919

MEMORANDUM OPINION Before Justices Pedersen, III, Garcia, and Kennedy Opinion by Justice Garcia Appellant appeals from the trial court’s order transferring jurisdiction of the underlying suit to Bonner County, Idaho pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). See TEX. FAM. CODE ANN. § 152.207. We questioned our jurisdiction over this appeal because an order transferring jurisdiction under the UCCJEA is reviewable by mandamus. See In re Alanis, 350 S.W.3d 322, 324 (Tex. App.—San Antonio 2011, orig. proceeding). At the Court’s direction, appellant filed a letter brief. Appellant agrees that the proper remedy is by mandamus and not direct appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See id; TEX. R. APP. P. 42.3(a).

/Dennise Garcia/ DENNISE GARCIA JUSTICE 230300F.P05

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

IN THE INTEREST OF C.H., A On Appeal from the 302nd Judicial CHILD District Court, Dallas County, Texas Trial Court Cause No. DF-20-07919. No. 05-23-00300-CV Opinion delivered by Justice Garcia. Justices Pedersen, III and Kennedy participating.

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

It is ORDERED that appellee Sara Ann Hodges recover her costs of this appeal from appellant Bradley Francis Goodell.

Judgment entered June 16, 2023.

–3–

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DISMISS and Opinion Filed June 16, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00300-CV

IN THE INTEREST OF C.H., A CHILD

On Appeal from the 302nd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-20-07919

MEMORANDUM OPINION Before Justices Pedersen, III, Garcia, and Kennedy Opinion by Justice Garcia Appellant appeals from the trial court’s order transferring jurisdiction of the underlying suit to Bonner County, Idaho pursuant to the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). See TEX. FAM. CODE ANN. § 152.207. We questioned our jurisdiction over this appeal because an order transferring jurisdiction under the UCCJEA is reviewable by mandamus. See In re Alanis, 350 S.W.3d 322, 324 (Tex. App.—San Antonio 2011, orig. proceeding). At the Court’s direction, appellant filed a letter brief. Appellant agrees that the proper remedy is by mandamus and not direct appeal. Accordingly, we dismiss the appeal for want of jurisdiction. See id; TEX. R. APP. P. 42.3(a).

/Dennise Garcia/ DENNISE GARCIA JUSTICE 230300F.P05

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

IN THE INTEREST OF C.H., A On Appeal from the 302nd Judicial CHILD District Court, Dallas County, Texas Trial Court Cause No. DF-20-07919. No. 05-23-00300-CV Opinion delivered by Justice Garcia. Justices Pedersen, III and Kennedy participating.

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

It is ORDERED that appellee Sara Ann Hodges recover her costs of this appeal from appellant Bradley Francis Goodell.

Judgment entered June 16, 2023.

–3–

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