Court of Appeals of Texas, Second District, Fort Worth
In the Interest of A.S. and C.S., Children
Appeal from the 158th District Court Denton County, Texas
Trial Court No. 2013-20522-158
Sudderth, C.J.; Womack and Wallach, JJ.
suit affecting the parent-child relationship, Appellant
Father attempts to appeal from an order
granting the motion for no evidence summary judgment of
Appellee Mother and dismissing Father's petition to
modify the conservatorship of the children. In response to
the two issues raised by Father, Mother first argues that the
summary judgment entered by the trial court is not final. We
agree and dismiss the appeal for want of jurisdiction.
April 2, 2014, the trial court entered an agreed final decree
of divorce between Father and Mother. More than three years
later, Father filed his "Original Petition to Modify
Conservatorship, Possession/Access, and Request for Temporary
Orders." Thereafter, Mother filed a
"Counterpetition to Modify Parent-Child
Relationship." Both Father and Mother amended their
pleadings, with Father requesting modification of joint
managing conservatorship and child support and Mother
requesting an increase in child support and the issuance of
discovery, Mother filed "Respondent's Motion for No
Evidence Summary Judgment, and in the Alternative, Motion to
Dismiss." The motion alleged that, after an adequate
time for discovery, there was no evidence to support the
request of Father for modification of custody. Prior to the
October 25, 2018 hearing on the motion, Father filed his
response to the motion. At the hearing, the trial court
granted the motion for no evidence summary judgment.
"Order Granting [Mother's] Motion to Dismiss"
signed on November 7, 2018, the trial court found that
"there is no genuine issue of material fact as to
[Father's] claim for a modification of the prior order [,
]" granted the motion for no evidence summary judgment,
and "dismiss[ed] [Father's] petition to modify the
conservatorship of the children the subject of this
suit." The order added,
The Court may reconsider attorney fees and court costs if a
final hearing is necessary to resolve the remaining issues.
. . . .
This judgment disposes of all [Father's] claims, leaving
only [Mother's] claim for modification of support for the
final trial. This Judgment is final and appealable.
"Judicial Docket Entries" on October 25, 2018, the
trial court noted:
Judicial Docket Entry (Relief not timely pursued, including
custody evaluation. Change in custody dismissed. Child
support is live. Attorneys admonished that support
issue will involve attorney fees if not resolved prior
to hearing. The court also instructed counsel how the court
normally calculates ...