in the Interest of J.J.H., K.J.H., F.D.H. and H.P.S.

• Court: Court of Appeals of Texas
• Decided: May 14, 2009
• Docket: 09-09-00130-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

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NO. 09-09-00130-CV

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IN THE INTEREST OF J.J.H., K.J.H., F.D.H. AND H.P.S.

On Appeal from the 279th District Court

Jefferson County, Texas

Trial Cause No. F-205,665

MEMORANDUM OPINION

We notified the parties that our jurisdiction was not apparent from the notice of appeal and that we would dismiss the appeal for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant did not file a response.

Appellant seeks to appeal the trial court's "First Amended Order For Protection of a Child In an Emergency and Notice of Hearing." Generally, only final judgments are appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders are appealable only if a statute permits appeal. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). No statute provides for an interlocutory appeal of a temporary order such as the one at issue in this case. See Tex. Fam. Code § 262.112(b) (Vernon 2008) (providing for "an expedited appeal on a ruling by a court that the child may not be removed from the child's home."); see generally In the Interest of N.J.G., 980 S.W.2d 764, 767 (Tex. App.--San Antonio 1998, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction.

APPEAL DISMISSED FOR WANT OF JURISDICTION.

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DAVID GAULTNEY

Justice

Opinion Delivered May 14, 2009

Before Gaultney, Kreger, and Horton, JJ.