in the Interest of J.R.M.

• Court: Court of Appeals of Texas
• Decided: January 31, 2008
• Docket: 14-07-00883-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed January 31, 2008

Dismissed and Memorandum Opinion filed January 31, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-07-00883-CV

IN THE INTEREST OF J.R.M., a child

On Appeal from the 257th District Court

Harris County, Texas

Trial Court Cause No. 92-11993

M E M O R A N D U M   O P I N I O N

The Office of the Attorney General filed a restricted appeal from the trial court=s order signed April 5, 2007, asserting it was a necessary party to the child support enforcement action pursuant to an assignment of child support arrearages.  On January 25, 2008, appellant filed a motion to dismiss the appeal because it determined that a restricted appeal is not available to challenge the trial court=s order.  See Tex. R. App. P. 42.1.  The Office of the Attorney General was not named as a party or otherwise served with citation or notice, and it is not in privity with a party; therefore, its remedy is to seek an equitable bill of review rather than a restricted appeal.  See Gunn v. Cavanaugh, 391 S.W.2d 723, 724-27 (Tex. 1965).  The motion to dismiss is granted. 

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed January 31, 2008.

Panel consists of Chief Justice Hedges and Justices Anderson and Boyce.