in the Interest of E.E.M. and E.K.M.G., Children

Court of Appeals of Texas

in the Interest of E.E.M. and E.K.M.G., Children

DecidedSeptember 19, 2022

Docket04-22-00581-CV

StatusPublished

This text of in the Interest of E.E.M. and E.K.M.G., Children (in the Interest of E.E.M. and E.K.M.G., 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.

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in the Interest of E.E.M. and E.K.M.G., Children, (Tex. Ct. App. 2022).

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Opinion

Fourth Court of Appeals San Antonio, Texas September 19, 2022

No. 04-22-00581-CV

IN THE INTEREST OF E.E.M. AND E.K.M.G., Children

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2019-EM5-00713 Honorable Martha Tanner, Judge Presiding

ORDER In this suit affecting the parent-child relationship, Dad alleged Mom was committing family violence. He moved to modify a prior order: he asked, inter alia, to be named sole managing conservator of the children. The trial court held a hearing on June 29, 2022. It signed modified temporary orders on July 19, 2022. On September 7, 2022, Mom filed a notice of appeal. In it, she challenges the July 19, 2022 order, and she states the following: “The only remedy possible for this action would be a writ of mandamus.” “Temporary orders, entered while a motion to modify in a suit affecting the parent-child relationship is pending, are interlocutory and there is no statutory provision for appeal of these orders.” In re Walser, 648 S.W.3d 442, 445 (Tex. App.—San Antonio 2021, orig. proceeding); see In re Cooper, 333 S.W.3d 656, 659 (Tex. App.—Dallas 2009, orig. proceeding). We ORDER Appellant to show cause in writing within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. If Appellant does not timely provide written proof as ordered, this appeal will be dismissed without further notice. See id. All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of September, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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Fourth Court of Appeals San Antonio, Texas September 19, 2022

No. 04-22-00581-CV

IN THE INTEREST OF E.E.M. AND E.K.M.G., Children

From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2019-EM5-00713 Honorable Martha Tanner, Judge Presiding

ORDER In this suit affecting the parent-child relationship, Dad alleged Mom was committing family violence. He moved to modify a prior order: he asked, inter alia, to be named sole managing conservator of the children. The trial court held a hearing on June 29, 2022. It signed modified temporary orders on July 19, 2022. On September 7, 2022, Mom filed a notice of appeal. In it, she challenges the July 19, 2022 order, and she states the following: “The only remedy possible for this action would be a writ of mandamus.” “Temporary orders, entered while a motion to modify in a suit affecting the parent-child relationship is pending, are interlocutory and there is no statutory provision for appeal of these orders.” In re Walser, 648 S.W.3d 442, 445 (Tex. App.—San Antonio 2021, orig. proceeding); see In re Cooper, 333 S.W.3d 656, 659 (Tex. App.—Dallas 2009, orig. proceeding). We ORDER Appellant to show cause in writing within TEN DAYS of the date of this order why this appeal should not be dismissed for want of jurisdiction. If Appellant does not timely provide written proof as ordered, this appeal will be dismissed without further notice. See id. All other appellate deadlines are SUSPENDED pending further order of this court.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 19th day of September, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court

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