Barbara Leanne Richardson v. Stephan Shawn Marak and Department of Family and Protective Services

 

Opinion issued April 12, 2012.

 

 

 

 

 

 

In The

Court of Appeals

For The

First District of Texas

 

 


NO. 01-10-00513-CV

____________

 


BARBARA LEANNE RICHARDSON, Appellant

 

V.

 

STEPHAN SHAWN MARAK AND DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, Appellees

 

 

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Cause No. 2003-52679

 

 


MEMORANDUM OPINION


This is an attempted appeal from “Temporary Orders rendered on April 6, 2010, May 5, 2010 and May 20, 2010” by the trial court.  Because we lack jurisdiction, we dismiss the appeal.

Generally, appeals may be taken only from final judgments.  Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).  We have jurisdiction to hear an interlocutory appeal only if authorized by statute.  See Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (West 2008); Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998).

The Texas Family Code permits a party to appeal “a final order” in a suits affecting the parent-child relationship.  Tex. Fam. Code Ann. §§ 109.002(b), 263.405(a) (West Supp. 2011).  Temporary orders rendered in such suits are not subject to interlocutory appeal.  See Tex. Fam. Code Ann. § 105.001(e) (West 2008);  In re N.J.G., 980 S.W.2d 764, 767 (Tex. App.—San Antonio 1998, no pet.).  An order is interlocutory if it leaves open the issue of permanent conservatorship.  In re N.J.G., 980 S.W.2d at 767.

The trial court’s orders appointed the Department of Family and Protective Services to serve as temporary managing conservator of the minor child at issue.  Because these orders leave open the question of permanent conservatorship, they are interlocutory.  See id.

Appellant cites no authority, and we have found none, providing for an interlocutory appeal to be taken from these orders.  Cf. Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a).

On February 22, 2012, the Court notified the parties of its intent to dismiss the appeal unless appellant filed a response demonstrating this court’s jurisdiction.  See Tex. R. App. P. 42.3(a).  Appellant did not respond.

Accordingly, we dismiss the appeal for want of jurisdiction.  See Tex. R. App. P. 42.3(a), 43.2(f).  We dismiss any other pending motions as moot. 

PER CURIAM

 

Panel consists of Chief Justice Radack and Justices Higley and Brown.