Onoyom Ukpong v. Dawn Deborah Ukpong

• Court: Court of Appeals of Texas
• Decided: August 28, 2013
• Docket: 05-13-00623-CV
• Status: Published

Opinion

DISMISS; Opinion Filed August 28, 2013.

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00623-CV

IN THE INTEREST OF S.U., A MINOR CHILD

On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-52121-2013

MEMORANDUM OPINION Before Justices Lang, Myers, and Evans Opinion by Justice Myers This is an appeal from the trial court’s temporary orders in a pending suit for divorce and orders

regarding conservatorship of the child. Because an appeal from an interlocutory order can only be taken

if authorized by statute, and the Texas Family Code specifically precludes an interlocutory appeal from an

order for the temporary conservatorship of a child, we directed appellant Father to file a letter brief

demonstrating our jurisdiction over the appeal. See TEX. FAM. CODE ANN. § 105.001(e) (West 2008);

Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). We directed Father to file the brief

no later than July 29, 2013. To date, however, Father has not complied or otherwise communicated with

the Court. Accordingly, with no authority granting us jurisdiction over the complained-of order, we

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

/Lana Myers/ LANA MYERS 130623F.P05 JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

In the Interest of S.U., A Minor Child On Appeal from the 366th Judicial District Court, Collin County, Texas No. 05-13-00623-CV Trial Court Cause No. 366-52121-2013. Opinion delivered by Justice Myers. Justices Lang and Evans participating.

In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellee Dawn Deborah Ukpong recover her costs of this appeal from appellant Onoyom Ukpong.

Judgment entered this 28th day of August, 2013.

/Lana Myers/ LANA MYERS JUSTICE

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