In the Interest of G.T., a Child v. .
This text of In the Interest of G.T., a Child v. . (In the Interest of G.T., a Child v. .) 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
Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-00673-CV
IN THE INTEREST OF G.T., a Child
From the 45th Judicial District Court, Bexar County, Texas Trial Court No. 2022-EM5-01625 Honorable Marisa Flores, Judge Presiding
PER CURIAM
Sitting: Luz Elena D. Chapa, Justice Irene Rios, Justice Beth Watkins, Justice
Delivered and Filed: November 8, 2023
DISMISSED FOR LACK OF JURISDICTION
Appellant Frederick Omoyuma Silver seeks to appeal an order confirming child support
arrearage signed on June 27, 2023. Generally, appeals may be taken only from final judgments.
Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be
appealed only if expressly permitted by statute. See TEX. CIV. PRAC. & REM. CODE § 51.014; Bally
Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001).
The clerk’s record shows that on August 12, 2023, the Office of the Attorney General
(OAG) filed a motion to confirm support arrearage. Silver thereafter filed a claim for damages
pursuant to section 231.114(c) of the Family Code. The OAG then filed an answer in opposition
to the claim. The June 27, 2023 order does not dispose of appellant’s claim and does not otherwise
clearly and unequivocally state it finally disposes of all claims and parties. See Lehmann, 39 04-23-00673-CV
S.W.3d at 205 (“[W]hen there has not been a conventional trial on the merits, an order or judgment
is not final for purposes of appeal unless it actually disposes of every pending claim and party or
unless it clearly and unequivocally states that it finally disposes of all claims and all parties.”).
We therefore ordered Silver to show cause in writing by October 6, 2023 why this appeal
should not be dismissed for lack of jurisdiction. On October 5, 2023, Silver filed a response stating
he was “A Man known to use the name Frederick-Omoyuma Silver,” the OAG did not serve him
with the order, he was “not aware of any Child,” argued it was the trial court’s duty to “[s]tate if
its order is a final appealable order or not,” and asks for a copy of the order. Because Silver’s
response fails to show how this court has jurisdiction, the appeal is dismissed.
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