Court of Appeals of Texas, Fifth District, Dallas
IN THE INTEREST OF T.S., R.S., L.S., S.S., AND R.S., CHILDREN
On Appeal from the 429th Judicial District Court Collin County, Texas Trial Court Cause No. 429-54296-2013
Before Justices Francis, Lang-Miers, and Lewis
MOLLY FRANCIS JUSTICE
Appeal is brought from this order in a suit affecting the parent/child relationship. In a letter dated December 11, 2013, the Court questioned its jurisdiction absent an appealable order. We instructed appellant to file a letter brief by January 3, 2014 addressing our jurisdictional concern. We cautioned appellant that failure to file a jurisdictional brief by the requested date may result in dismissal of the appeal without further notice. As of today's date, appellant has not filed a jurisdictional brief.
In his notice of appeal, appellant states he is appealing the ruling from the hearing held on September 24, 2013. On that date, the trial court conducted a hearing on appellee's motion for temporary orders. The trial court signed temporary orders on September 25, 2013. Section 105.001 of the Texas Family Code expressly precludes an interlocutory appeal from temporary orders in a suit affecting the parent/child relationship. See Tex. Fam. Code Ann. § 105.001(e) (West 2008). Because temporary orders are not appealable, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee, Zimra Smith, recover her costs of this appeal from ...