in the Interest of N.L., L.S., and J.A.T.

Court of Appeals of Texas·Decided March 20, 2013·No. 04-13-00010-CV·Published

Opinion

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00010-CV

IN THE INTEREST OF N.L., L.S., and J.A.T.

From the 225th Judicial District Court, Bexar County, Texas Trial Court No. 2012-PA-01411 Honorable Richard Garcia, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice

Delivered and Filed: March 20, 2013

DISMISSED FOR LACK OF JURISDICTION

This is an attempted appeal from an interlocutory Permanency Hearing Order signed

December 11, 2012, after a permanency hearing in a suit by the Department of Family and

Protective Services seeking termination of the parental rights of appellant to his child. No final

judgment of termination has been entered. The permanency order states that trial is scheduled

for May 16, 2013.

The Texas Family Code permits a party to appeal “a final order” in a suit affecting the

parent-child relationship. TEX. FAM. CODE ANN. § 109.002(b) (West Supp. 2012). The Family

Code expressly precludes an interlocutory appeal from a trial court’s temporary orders. See TEX.

FAM. CODE ANN. § 105.001(e) (West 2008). Accordingly, because it appeared this court lacks

jurisdiction over this appeal, on January 16, 2013, this court ordered appellant to show cause in 04-13-00010-CV

writing why this appeal should not be dismissed. No response has been filed. Therefore, we

dismiss this appeal for lack of jurisdiction.

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Related

§ 105.001
Texas FA § 105.001(e)
§ 109.002
Texas FA § 109.002(b)