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In re T.S.

Court of Appeals of Texas, Fifth District, Dallas

January 24, 2014

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

MEMORANDUM OPINION

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).

JUDGMENT

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 ...


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