in the Interest of D.P.B. AND D.Z.B., Minor Children
This text of in the Interest of D.P.B. AND D.Z.B., Minor Children (in the Interest of D.P.B. AND D.Z.B., Minor Children) 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.
Opinion
DISMISS and Opinion Filed April 20, 2022
S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00023-CV
IN THE INTEREST OF D.P.B. AND D.Z.B., MINOR CHILDREN
On Appeal from the 219th Judicial District Court Collin County, Texas Trial Court Cause No. 219-52923-2021
MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Chief Justice Burns This appeal challenges the trial court’s (1) December 8, 2021 amended order
granting motion to enjoin harassing behavior, which, despite its title, ordered only
that appellant pay appellee’s attorney’s fees, and (2) December 28, 2021 order
granting withdrawal of amicus attorney and ordering appellant to pay the amicus
attorney’s fees. The orders were signed in a modification proceeding, which the
record before us reflects is not set for trial until August 2022.
Because an appeal may generally only be taken from a final judgment that
disposes of all parties and claims, and the modification proceeding remains pending,
we questioned our jurisdiction over the appeal. See Lehmann v. Har-Con Corp., 39
S.W.3d 191, 195 (Tex. 2001). By letter dated March 16, 2022, we directed appellant to file, within ten days, a letter brief addressing our concern. Although we cautioned
her that failure to comply could result in dismissal of the appeal without further
notice, appellant has yet to respond. Accordingly, on the record before us, we
dismiss the appeal. See TEX. R. APP. P. 42.3(a); Lehmann, 39 S.W.3d at 195.
/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE
220023F.P05
–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT
IN THE INTEREST OF D.P.B. AND On Appeal from the 219th Judicial D.Z.B., MINOR CHILDREN District Court, Collin County, Texas Trial Court Cause No. 219-52923- No. 05-22-00023-CV 2021. Opinion delivered by Chief Justice Burns, Justices Molberg and Smith participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered April 20, 2022.
–3–
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
in the Interest of D.P.B. AND D.Z.B., Minor Children, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-dpb-and-dzb-minor-children-texapp-2022.