Michelle Perell v. Diana Perell and Max Perell

Opinion

DISMISS and Opinion Filed July 27, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00208-CV

MICHELLE PERELL, Appellant V. DIANA PERELL AND MAX PERELL, Appellees

On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-22-02270

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Garcia Opinion by Justice Molberg Appellant appeals from the March 8, 2022 order of the Associate Judge for

the 254th Judicial District Court denying her application for a protective order.

Unless an associate judge’s order is agreed, a default, or final order where the parties

waive the right to a de novo hearing before the referring court in writing before the

start of the hearing conducted by the associate judge, the date the order is signed by

the referring court is the controlling date for purposes of appeal to this Court. See

TEX. FAM. CODE ANN. §§ 201.016(a), (b), 201.007(a)(16), 201.013(b). Because the

appealed order is not agreed, a default, or one where the parties waived their right to

a de novo hearing, and nothing in the record reflected the referring court has signed the order, we questioned our jurisdiction over the appeal. We directed appellant to

file, by June 20, a letter brief addressing the Court’s concern with an opportunity for

appellees to file a response. To date, appellant has not filed a response.

Because the referring court has not signed the order of the associate judge,

this appeal is premature and we lack jurisdiction. For this reason, we dismiss the

appeal. See TEX. R. APP. P. 42.3(a).

220208f.p05 /Ken Molberg// KEN MOLBERG JUSTICE

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

MICHELLE PERELL, Appellant On Appeal from the 254th Judicial District Court, Dallas County, Texas No. 05-22-00208-CV V. Trial Court Cause No. DF-22-02270. Opinion delivered by Justice DIANA PERELL AND Molberg. Justices Reichek and MAX PERELL, Appellees Garcia participating.

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

Judgment entered this 27th day of July, 2022.

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