Dismissed; Opinion Filed June 28, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-00321-CV
IN THE INTEREST OF J.J.M., C.M.M. AND C.E.M., CHILDREN
On Appeal from the 256th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-16-07259
MEMORANDUM OPINION
Before Justices Lang-Miers, Evans, and Schenck
Opinion by Justice Evans
This is an appeal from a January 30, 2018 “judgment to ‘modify’ the parent-child
relationship[.]” By letter dated May 4, 2018, we questioned our jurisdiction over the appeal as the
clerk’s record reflected that only an associate judge’s “temporary report” had been signed on
January 30th. The clerk’s record also reflected no final judgment had yet been signed. We
explained in our letter that, subject to a few mostly statutory exceptions, appeals to this Court may
only be taken from final judgments, that is, judgments that dispose of all issues and parties. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). We also explained that, to the extent
the “temporary report” could be construed as an order, temporary orders in family law cases are
not appealable. See TEX. FAM. CODE ANN. § 105.001(e) (West 2014). We directed appellant,
who is pro se, to file a letter brief addressing our concern and cautioned that failure to comply by
May 23, 2018 could result in dismissal of the appeal without further notice. See TEX. R. APP. P.
42.3(a),(c). Although appellant had previously received correspondence from the Court, the letter
was returned May 22, 2018 undelivered, with the notation “ANK.”
Texas Rule of Appellate Procedure 9.1(b) requires an unrepresented party to keep the Court
apprised of his current mailing address. See TEX. R. APP. P. 9.1(b). Appellant has failed to do so
and has not communicated with the Court since April 10, 2018.
With nothing in the record or otherwise before us showing a final judgment or appealable
order has been signed, we dismiss the appeal for want of jurisdiction. See id. 42.3(a).
/David Evans/
DAVID EVANS
JUSTICE
180321F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF J.J.M., C.M.M. On Appeal from the 256th Judicial District
AND C.E.M., CHILDREN Court, Dallas County, Texas
Trial Court Cause No. DF-16-07259.
No. 05-18-00321-CV Opinion delivered by Justice Evans,
Justices Lang-Miers and Schenck
participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered this 28th day of June, 2018.
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