in the Interest of Z.B.

• Court: Court of Appeals of Texas
• Decided: February 23, 2015
• Docket: 05-14-01367-CV
• Status: Published

Opinion

Dismissed and Opinion Filed February 19, 2015

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01367-CV

IN THE INTEREST OF Z.B., a child

On Appeal from the 305th Judicial District Court Dallas County, Texas Trial Court Cause No. JD-10-103-X

MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright By letter dated December 9, 2014, the Court raised a question concerning its jurisdiction

over this appeal. Specifically, the orders appellant identified in her notice of appeal as the orders

she wished to appeal were the trial court’s October 20, 2014 temporary orders in this suit

affecting the parent-child relationship. To date appellant has not responded to the Court’s

jurisdictional inquiry. Accordingly, we address our jurisdiction sua sponte, as we must. M.O.

Dental Lab. v. Rape, 139 S.W.3d 671, 673 (Tex. 2004) (per curiam).

This court may entertain appeals only from final judgments or interlocutory orders

authorized by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Tex. R.

App. P. 28.1(a). Pursuant to the Family Code, temporary orders cannot be appealed. TEX. FAM.

CODE ANN. § 105.001(e). Absent an appealable interlocutory order or final judgment, this court

has no jurisdiction over this appeal. See Ogletree v. Matthews, 262 S.W.3d 316, 319 n. 1 (Tex.

2007); Lehmann, 39 S.W.3d at 195; Northeast Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). For that reason, this appeal is dismissed for lack of jurisdiction. See Tex. R.

App. P. 42.3(a).

141367F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE

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

IN THE INTEREST OF Z.B., a child On Appeal from the 305th Judicial District Court, Dallas County, Texas No. 05-14-01367-CV Trial Court Cause No. JD-10-103-X. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating.

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

It is ORDERED that appellee DALLAS COUNTY CHILD PROTECTIVE SERVICES recover its costs of this appeal from appellant ANGELINA BRASHEAR AKA ANGELINA MARIE RICHARDSON

Judgment entered this 19th day of February, 2015.

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