Julia Ann Poff v. William Harvey Poff

• Court: Court of Appeals of Texas
• Decided: August 28, 2025
• Docket: 09-25-00269-CV
• Status: Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-25-00269-CV __________________

JULIA ANN POFF, Appellant

V.

WILLIAM HARVEY POFF, Appellee

__________________________________________________________________

On Appeal from the 253rd District Court Liberty County, Texas Trial Cause No. 23DC-CV-00103 __________________________________________________________________

MEMORANDUM OPINION

Julia Ann Poff filed a notice of appeal “regarding a temporary restraining

order” in a post-divorce proceeding before the trial court. In a notice issued by the

Clerk of the Court, we questioned whether the trial court has signed an appealable

order. The Clerk warned the parties that unless our jurisdiction was established the

appeal would be dismissed. Julia Ann Poff filed a response. She argues she should

be allowed to appeal pursuant to a section of the Civil Practice and Remedies Code

that permits an accelerated appeal of an interlocutory order that “grants or refuses a

1 temporary injunction or grants or overrules a motion to dissolve a temporary

injunction as provided by Chapter 65[.]” See Tex. Civ. Prac. & Rem. Code Ann. §

51.014(a)(4). Any temporary orders in this case, however, would have been made

pursuant the Family Code. Temporary orders involving custody are not appealable.

See Tex. Fam. Code Ann. §§ 105.001(e) (Temporary Order Before Final Order);

109.001(c) (Temporary Order During Pendency of Appeal). Accordingly, we

dismiss the appeal for lack of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

APPEAL DISMISSED.

PER CURIAM

Submitted on August 27, 2025 Opinion Delivered August 28, 2025

Before Golemon, C.J., Wright and Chambers, JJ.