in the Interest of N. R. C. and L. A. C., Minor Children

• Court: Court of Appeals of Texas
• Decided: January 15, 2004
• Docket: 14-03-01132-CV
• Status: Published

Opinion

Dismissed and Opinion filed January 15, 2004

Dismissed and Opinion filed January 15, 2004.

In The

Fourteenth Court of Appeals

____________

NO. 14-03-01132-CV

IN THE INTEREST OF N.R.C. and L.A.C., Minor Children

On Appeal from the 306th District Court

Galveston County, Texas

Trial Court Cause No. 91FD0011

M E M O R A N D U M   O P I N I O N

Appellant, Rachel M. Look, attempts to bring an interlocutory appeal from temporary orders signed September 24, 2003.  Temporary orders, entered while a motion to modify in a suit affecting the parent-child relationship is pending, are interlocutory, and there is no statutory provision for appeal of these orders.  See Dancy v. Daggett, 815 S.W.2d 548, 548 (Tex. 1991); In re Ostrofsky, 112 S.W.3d 925, 928 (Tex. App.CHouston [14th Dist.] 2003, orig. proceeding). 

On December 16, 2003, notification was transmitted to all parties of the Court=s intent to dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

In addition, to date, the filing fee of $125.00 has not been paid.  No proper affidavit of indigence was filed with or before the notice of appeal.  See Tex. R. App. P. 20.1.  Therefore, on December 18, 2003, the Court issued an order stating that unless appellant paid the appellate filing fee of $125.00 within fifteen days of the date of the order, the appeal would be dismissed.  See Tex. R. App. P. 42.3(c).  The filing fee has not been paid, and appellant has not responded to the Court=s order of December 18, 2003.

Accordingly, the appeal is ordered dismissed.  All pending motions are denied as moot.

PER CURIAM

Judgment rendered and Opinion filed January 15, 2004.

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