In the Interest of L.D. and Z.D., Children v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: September 28, 2023
• Docket: 02-23-00264-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00264-CV ___________________________

IN THE INTEREST OF L.D. AND Z.D., CHILDREN

On Appeal from the 393rd District Court Denton County, Texas Trial Court No. 23-5748-393

Before Sudderth, C.J.; Kerr and Walker, JJ. Memorandum Opinion by Justice Walker MEMORANDUM OPINION

Alleged father, B.D., attempts to appeal from the trial court’s Order Extending

Emergency Orders Pursuant to Texas Family Code § 262.103 (Order). This Order—

which was agreed to in writing by B.D., Mother, and the Department of Family and

Protective Services—extended the temporary emergency orders previously entered by

the trial court in which it had named the Department as temporary managing

conservator of the children. See Tex. Fam. Code Ann. § 262.201(e) (allowing the trial

court to extend both the deadline for an adversary hearing and the temporary

emergency orders until the rescheduled hearing).

We notified B.D. and his attorney of our concern that we lacked jurisdiction

over this appeal because the Order did not appear to be a final judgment or

appealable interlocutory order and explained that we could dismiss the appeal unless

we received a response showing grounds for continuing the appeal. We received no

response.

We may consider appeals only from final judgments or from interlocutory

orders made immediately appealable by the Texas Legislature. See Bonsmara Nat. Beef

Co. v. Hart of Tex. Cattle Feeders, LLC, 603 S.W.3d 385, 390 (Tex. 2020). Temporary

orders entered in a SAPCR are not appealable, interlocutory orders. Tex. Fam. Code

Ann. § 105.001(e); Dancy v. Daggett, 815 S.W.2d 548, 549 (Tex. 1991) (orig.

proceeding); In re K.S., No. 02-20-00409-CV, 2021 WL 126596, at *1 (Tex. App.—

Fort Worth Jan. 14, 2021, no pet.) (per curiam) (mem. op.).

2 Thus, we do not have jurisdiction over B.D.’s attempted appeal, and we dismiss

it. See Tex. R. App. P. 42.3(a), 43.2(f); Interest of L.D., No. 02-21-00050-CV, 2021 WL

1421425, at *1 (Tex. App.—Fort Worth Apr. 15, 2021, no pet.) (per curiam) (mem.

op.).

/s/ Brian Walker

Brian Walker Justice

Delivered: September 28, 2023