Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-12-00677-CV
IN THE INTEREST OF K.K.M.
From the 224th Judicial District Court, Bexar County, Texas
Trial Court No. 2011-CI-08818
Honorable Larry Noll, Judge Presiding
PER CURIAM
Sitting: Sandee Bryan Marion, Justice
Marialyn Barnard, Justice
Rebeca C. Martinez, Justice
Delivered and Filed: March 6, 2013
DISMISSED FOR LACK OF JURISDICTION
The underlying lawsuit is a suit affecting the parent-child relationship. Appellant seeks
to appeal from temporary orders and an order on a motion for alternative service. Appellee has
filed a motion to dismiss for lack of jurisdiction.
The Texas Family Code expressly precludes an interlocutory appeal from a trial court’s
temporary orders. See TEX. FAM. CODE ANN. § 105.001(e) (West 2008). There is no statutory
authority for an appeal from a family law order providing for alternative service. See CMH
Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011) (holding, absent statute authorizing
interlocutory appeal, appellate courts generally have jurisdiction only over final judgments).
Therefore, on January 10, 2013, this court ordered appellant to show cause in writing why this
appeal should not be dismissed for lack of jurisdiction.
04-12-00677-CV
On January 24, 2013, appellant filed a response that did not address our jurisdiction over
the three orders her notice of appeal stated she wished to appeal. Instead, appellant’s response
alleged: (1) an order denying “the motion to vacate by the Honorable Justice Martha Tanner”
was final and appealable; (2) the order denying a “second motion to vacate by the Honorable
Judge Sol Casseb” was final and appealable; and (3) “the order granting sanctions by the
Honorable Judge Rene McElhaney” was final and appealable. In the alternative, appellant asked
that she be allowed to amend her pleadings “to constitute a Writ of Mandamus.” We granted
appellant’s request, and on February 15, 2013, appellant filed a petition for writ of mandamus
with this court in cause number 04-13-00123-CV.
Because the challenged orders are not appealable and because appellant has since filed a
petition for writ of mandamus, we grant appellee’s motion to dismiss and dismiss this appeal for
lack of jurisdiction.
PER CURIAM
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