in the Interest Of: J.C.T and L.D.T

Court of Appeals of Texas·Decided November 20, 2012·No. 05-12-01290-CV·Published

Opinion

DlSf’llSS; Opinion issued Nov ember 20. 2012.

In The niirt iif \t1p1at3 Fift1i Dbtrirt tif Lrxui at JaI1a No. 05-12-01 29O-C’

IN THE INTEREST OF J.C.T. AND LD.T., CHILDREN

On Appeal from the 256th Judicial District Court Dallas County, Texas Trial Court Cause No. 82-178i

MEMORANDUM OPINION Before Justices Richter, Lang-Miers, and Myers Opinion By Justice Richter

By letter dated October 17, 2012, the Court questioned its jurisdiction over the appeal.

Specifically, it appears there is no final judgment. We requested that appellant file ajurisdicitonal

brief, within ten days of the date of the letter, explaining how this Court has jurisdiction over the

appeal. As of today’s (late, appellant has not filed a jurisdictional brief.

Except in circumstances not applicable here, this Court has jurisdiction only over appeals

from final judgments. See Lehrnann v. liar-Con Coip., 39 S.W.3d 191, 195 (Tex. 2001). A final

judgment is one that disposes of all pending parties and claims. Id.

In her notice of appeal, appellant states she is appealing the order granting the motion to

terminate the writ of withholding and the order granting the motion to terminate notice of levy to

financial institutions. Both orders were signed on June21, 2012. In his motion to terminate the writ of withholding. appellee asserted a claim for attorney S fees. Appellee’s claim for attorneys fees

remains pending. In light of this pending claim, there is no final judgment. Accordingly, we dismiss

the appeal ibr want ofjurisdiction. See TEX. R. App. P. 42.3(a).

MiRT1N RIO-I JlTICE

121 290F.P05 (!tiiirt uf _it1ra1i .!fiftl! Jiitrirt nf tirxzu at Da11a

JUDGMENT IN THE INTEREST OF J.C.T. AND LDT, Appeal from the 256th Judicial District Court CHILDREN of Dallas County. Texas. (Tr.Ct.No. 82- 17818). No. 05-12-01 2)0-CV Opinion delivered by Justice Richter. Justices Lang—Miers and Myers, participating.

Based on the Court’s opinion of this date, the appeal is DISMISSED.

It is ORI)E RED that appellee, Billy Coy Taylor, recover his costs of the appeal from appellant, Linda May Pryor.

Judgment entered November 20. 2012.

NRICI-ITEI JUS ICE

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

in the Interest Of: J.C.T and L.D.T, (Tex. Ct. App. 2012).

in the Interest Of: J.C.T and L.D.T (in the Interest Of: J.C.T and L.D.T) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lehmann v. Har-Con Corp.
39 S.W.3d 191 (Texas Supreme Court, 2001)