in the Interest of J.C., a Minor Child

• Court: Court of Appeals of Texas
• Decided: September 5, 2019
• Docket: 05-19-00972-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed September 5, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00972-CV

IN THE INTEREST OF J.C., A CHILD

On Appeal from the 304th Judicial District Court Dallas County, Texas Trial Court Cause No. JC-19-00707-W

MEMORANDUM OPINION Before Justices Pedersen, III, Reichek, and Carlyle Opinion by Justice Pedersen, III The Court questioned its jurisdiction over this appeal from the trial court’s temporary

order signed on August 7, 2019. We instructed appellant to file, by August 30, 2019, a letter

brief addressing our concern and cautioned her that failure to do so may result in dismissal of the

appeal without further notice. As of today’s date, appellant has not complied.

A challenge to temporary orders in a suit affecting the parent-child relationship is

allowed through mandamus, as there is no adequate remedy by appeal. See TEX. FAM. CODE

ANN. § 105.001(e) (“Temporary orders rendered under this section are not subject to

interlocutory appeal.”); Little v. Daggett, 858 S.W.2d 368, 369 (Tex. 1993) (orig. proceeding). Because this Court has no jurisdiction to review a temporary order by direct appeal, we dismiss

this appeal. See id; TEX. R. APP. P. 42.3(a).

/Bill Pedersen, III/ BILL PEDERSEN, III JUSTICE

190972F.P05

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

IN THE INTEREST OF J.C., A CHILD On Appeal from the 304th Judicial District Court, Dallas County, Texas No. 05-19-00972-CV Trial Court Cause No. JC-19-00707-W. Opinion delivered by Justice Pedersen, III. Justices Reichek and Carlyle participating.

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

Judgment entered this 5th day of September, 2019.

–3–