in the Interest of D.N.C., a Child

Court of Appeals of Texas·Decided September 25, 2019·No. 04-19-00531-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-19-00531-CV

IN THE INTEREST OF D.N.C., a Child

From the 131st Judicial District Court, Bexar County, Texas Trial Court No. 2019CI00380 Honorable Solomon Casseb III, Judge Presiding

PER CURIAM

Sitting: Patricia O. Alvarez, Justice Luz Elena D. Chapa, Justice Irene Rios, Justice

Delivered and Filed: September 25, 2019

DISMISSED FOR WANT OF JURISDICTION

On January 8, 2019, Appellant filed an original petition in a suit affecting the parent-child

relationship. After the trial court granted in part Appellee’s special appearance, Appellant filed a

notice of appeal “challenging the 131st District Court’s Granting of Respondent’s Special

Appearance.”

Ordinarily, a person may pursue an interlocutory appeal from the grant of a special

appearance, but not “in a suit brought under the Family Code.” TEX. CIV. PRAC. & REM. CODE

ANN. § 51.014(a)(7); accord In re J.P.L., 359 S.W.3d 695, 702–03 (Tex. App.—San Antonio

2011, pet. denied); In re Marriage of Loya, 290 S.W.3d 920, 921 (Tex. App.—Houston [14th

Dist.] 2009, no pet.). 04-19-00531-CV

On August 23, 2019, we ordered Appellant to show cause in writing by September 3, 2019,

why this appeal should not be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3(a). We

warned Appellant that if she did not timely file written proof as ordered, this appeal would be

dismissed. See id. To date, Appellant has not filed a response.

Because Appellant may not appeal from the order granting in part Appellee’s special

appearance and Appellant has not shown how this court has jurisdiction in this appeal, we dismiss

this appeal for want of jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(7); In re

J.P.L., 359 S.W.3d at 702–03; In re Marriage of Loya, 290 S.W.3d at 921.

-2-

Free access — add to your briefcase to read the full text and ask questions with AI

in the Interest of D.N.C., a Child, (Tex. Ct. App. 2019).

in the Interest of D.N.C., a Child (in the Interest of D.N.C., a Child) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

In Re the Marriage of Loya
290 S.W.3d 920 (Court of Appeals of Texas, 2009)
In the Interest of J.P.L.
359 S.W.3d 695 (Court of Appeals of Texas, 2011)