COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-17-00460-CV
IN THE INTEREST OF A.L.,
A CHILD
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FROM THE 233RD DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 233-614335-17
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MEMORANDUM OPINION1
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D.R. (Mother) attempts to appeal from the “Temporary Orders” entered in a
suit affecting the parent-child relationship. On January 2, 2018, we notified the
parties that we were concerned that we lack jurisdiction over the appeal because
the “Temporary Orders” did not appear to be a final judgment or an appealable
interlocutory order. We informed them that we could dismiss the appeal for want
1
See Tex. R. App. P. 47.4.
of jurisdiction unless Mother or any party desiring to continue the appeal filed a
response on or before January 12, 2018, showing grounds for continuing the
appeal. See Tex. R. App. P. 42.3(a), 44.3. Mother filed a response
acknowledging that we lack jurisdiction over this appeal.
We have jurisdiction to consider appeals only from final judgments or from
interlocutory orders made immediately appealable by statute. See Bally Total
Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Lehman v. Har-Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001). Temporary orders entered in suits
affecting the parent-child relationship are not appealable interlocutory orders.
See Tex. Fam. Code Ann. § 105.001(e) (West 2014); Hubert v. Hubert, No. 01-
11-00438-CV, 2012 WL 4739952, at *1 (Tex. App.—Houston [1st District] Oct. 4,
2012, no pet.) (mem. op) (noting that section 105.001(e) “expressly precludes an
interlocutory appeal from a temporary order in a suit affecting the parent-child
relationship”); see also Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (West
Supp. 2017) (listing types of appealable interlocutory orders). Because the
“Temporary Orders” are neither a final judgment nor an appealable interlocutory
order, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a),
43.2(f); Hubert, 2012 WL 4739952, at *1 (dismissing appeal from temporary
orders for want of jurisdiction).
2
/s/ Elizabeth Kerr
ELIZABETH KERR
JUSTICE
PANEL: KERR, PITTMAN, and BIRDWELL, JJ.
DELIVERED: February 15, 2018
3