DISMISS; and Opinion Filed June 7, 2016.
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-00296-CV
IN THE INTEREST OF C.A.S., A CHILD
On Appeal from the 254th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-12-19179
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Brown
Opinion by Justice Brown
Appellant appeals from the trial court’s February 11, 2016 order granting exclusive
possession and custody of C.A.S. to appellee. In a letter dated April 15, 2016, we questioned our
jurisdiction over this appeal because the order did not appear to finally dispose of appellee’s
petition to modify the parent-child relationship. We instructed appellant to file a letter brief by
April 28, 2016 addressing our concern and cautioned her that failure to do so may result in
dismissal of the appeal without further notice. As of today’s date, appellant has not filed the
requested jurisdictional brief.
Generally, this Court has jurisdiction only over appeals from final judgments and certain
interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,
195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id.
In his motion to modify the parent-child relationship, appellee requested a change in
conservatorship giving him the right to designate the primary residence of the child, a reduction
in child support, a permanent injunction preventing appellant from interfering with his
possession and access schedule, a change to the child’s last name, and attorney’s fees. The trial
court’s February 11, 2016 order reads, in its entirety, as follows:
On today’s date, this Court Grants Exclusive possession and custody to
Sammy Reese Jr. of the child [C.A.S.].
Ashley Nechole Dobin is Ordered to turn the child over to Sammy Reese
Jr. at 6:30 p.m. today. The Father Sammy Reese Jr. may pick up the child
wherever she is found however, Ashley Nechole Dobin is Order[ed] to turn the
child over to Sammy Reese, Jr. at 4624 Elizabeth, Texarkana, TX 75503 at 6:30
p.m. on Feb. 11, 2016.
The order does not dispose of all the claims asserted in appellee’s petition to modify. Because
the trial court’s order is not a final disposition of the petition to modify the parent-child
relationship, we lack jurisdiction over this appeal. For this reason, we dismiss the appeal. See
TEX. R. APP. P. 42.3(a).
/Ada Brown/
ADA BROWN
JUSTICE
160296F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF C.A.S., A CHILD On Appeal from the 254th Judicial District
Court, Dallas County, Texas.
No. 05-16-00296-CV Trial Court Cause No. DF-12-19179.
Opinion delivered by Justice Brown.
Justices Lang-Miers and Evans participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee SAMMY REESE, JR. recover his costs of this appeal from
appellant ASHLEY DOBIN.
Judgment entered this 7th day of June, 2016.
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