In the Interest of K.J.S., a Minor Child v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: August 3, 2023
• Docket: 05-23-00564-CV
• Status: Published

Opinion

DISMISS and Opinion Filed August 3, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00564-CV

IN THE INTEREST OF K.J.S., A MINOR CHILD

On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-21-19995

MEMORANDUM OPINION Before Justices Partida-Kipness, Reichek, and Miskel Opinion by Justice Miskel Appellant Father filed a petition for divorce and appellee Mother filed a

counter-petition seeking a declaratory judgment that the parties did not have a

common law marriage. The parties sought conservatorship and child support for

their child in their respective petitions. Appellant appeals from the trial court’s

declaratory judgment finding that no marriage existed between the parties. Because

the trial court’s judgment left pending the issues of conservatorship and support for

the parties’ child, we questioned our jurisdiction over this appeal. We directed

appellant to file, by July 21, 2023 a letter brief addressing the Court’s concern and cautioned him that failure to do so may result in dismissal of the appeal without

further notice. To date, appellant has not responded.

Generally, this Court has jurisdiction over final judgments and certain

interlocutory orders as permitted by statute. See Lehmann v. Har–Con Corp., 39

S.W.3d 191, 195 (Tex. 2001); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)

(listing appealable interlocutory orders). A final judgment is one that disposes of all

parties and claims. See Lehmann, 39 S.W.3d at 195.

Because the judgment does not resolve the claims regarding conservatorship

and support for the parties’ child and those claims remain pending, we dismiss the

appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

230564f.p05 /Emily Miskel/ EMILY MISKEL JUSTICE

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

IN THE INTEREST OF K.J.S., A On Appeal from the 254th Judicial MINOR CHILD District Court, Dallas County, Texas Trial Court Cause No. DF-21-19995. No. 05-23-00564-CV Opinion delivered by Justice Miskel. Justices Partida-Kipness and Reichek participating.

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

It is ORDERED that appellee Ayesha Rashetta Langrum recover her costs of this appeal from appellant William Blaine Sanders.

Judgment entered this 3rd day of August, 2023.

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