in the Interest of J.H., V.H. and B.H.

In The



Court of Appeals



Ninth District of Texas at Beaumont



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NO. 09-04-497 CV

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IN THE INTEREST OF J.H., V.H. AND B.H.




On Appeal from the 217th District Court

Angelina County, Texas

Trial Cause No. CV 38031




MEMORANDUM OPINION (1)

On January 13, 2005, we informed the parties that our jurisdiction was not apparent from the notice of appeal, and notified them that the appeal would be dismissed for want of jurisdiction unless we received a response showing grounds for continuing the appeal. No response has been filed.

The Court finds the notice of appeal seeks to appeal the associate judge's report to the referring court. Tex. Fam. Code Ann. § 201.015 (Vernon 2002). The temporary order is not subject to interlocutory appeal. Tex. Fam. Code Ann. § 109.002 (Vernon 2002).

Accordingly, we hold the judgment from which the appellant appeals is interlocutory, and the jurisdiction over this case is still vested in the trial court. This appeal is dismissed for want of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Opinion Delivered February 17, 2005

Before McKeithen, C.J., Gaultney and Horton, JJ.

1. Tex. R. App. P. 47.4.