in the Interest of R.S., a Child

• Court: Court of Appeals of Texas
• Decided: August 28, 2008
• Docket: 14-08-00598-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed August 28, 2008

Dismissed and Memorandum Opinion filed August 28, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00598-CV

IN THE INTEREST OF R.S., a Child

On Appeal from the 310th District Court

Harris County, Texas

Trial Court Cause No. 2008-32563

M E M O R A N D U M   O P I N I O N

Appellant, Erica Haywood, is attempting to appeal from an emergency temporary order for child protection signed May 28, 2008, and from temporary orders signed June 3, 2008, in a suit seeking termination of her parental rights to the child, R.S.  The clerk=s record in this appeal was filed July 31, 2008.  According to the record, no final judgment has been rendered in the termination suit. 

Generally, appeals may be taken only from final judgments.  Lehmann v. Har‑Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  Interlocutory orders may be appealed only if permitted by statute.  Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).  No statute grants an interlocutory appeal of temporary orders such as those at issue here.  In fact, the Texas Family Code specifically precludes the interlocutory appeal of temporary orders in suits affecting the parent-child relationship.  See Tex. Fam.Code Ann. ' 105.001(e) (Vernon 2006); In the Interest of N.J.G., 980 S.W.2d 764, 767 (Tex. App.CSan Antonio 1998, no pet.).

On August 6, 2008, notification was transmitted to all parties of the Court=s intention to dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a).  Appellant filed no response.

Accordingly, the appeal is ordered dismissed for want of jurisdiction.

PER CURIAM

Judgment rendered and Memorandum Opinion filed August 28, 2008.

Panel consists of Chief Justice Hedges and Justices Guzman and Brown.