in the Interest of C v. and G v. Children ( 2018 )


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  • Dismissed; Opinion Filed September 26, 2018.
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-18-00587-CV
    IN THE INTEREST OF C.V. AND G.V., CHILDREN
    On Appeal from the 302nd Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF-17-14703
    MEMORANDUM OPINION
    Before Justices Stoddart, Whitehill, and Boatright
    Opinion by Justice Stoddart
    This appeal is from “the judgment signed by the [trial court] May 21, 2018.” The clerk’s
    record reflects the underlying suit is a suit to modify child support and for enforcement. The
    clerk’s record further reflects the trial court signed an order appointing counsel for appellee on
    May 21st, and a copy of that order is attached to the notice of appeal filed in this Court. The clerk’s
    record does not reflect any other order was signed that date or that a final judgment has been
    entered.
    An appellate court has jurisdiction only over interlocutory orders made appealable by
    statute and final judgments that dispose of all parties and claims. See Jack B. Anglin Co., Inc. v.
    Tipps, 
    842 S.W.2d 266
    , 272 (Tex. 1992). Because no statute appears to authorize an appeal from
    an order appointing counsel and the clerk’s record does not reflect a final judgment has been
    entered, we questioned our jurisdiction over the appeal. See generally TEX. CIV. PRAC. & REM.
    CODE ANN. § 51.014 (West Supp. 2017) (listing appealable interlocutory orders); see also TEX.
    FAM. CODE ANN. § 109.002 (West 2014); Jack B. Anglin 
    Co., 842 S.W.2d at 272
    . We directed
    appellant to file a letter brief addressing our concern and cautioned that failure to comply could
    result in dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(a),(c). More than
    ten days have passed, and appellant has not complied. Accordingly, on the record before us, we
    dismiss the appeal. See 
    id. 42.3(a),(c). /Craig
    Stoddart/
    CRAIG STODDART
    JUSTICE
    180587F.P05
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    IN THE INTEREST OF C.V. AND G.V.,                   On Appeal from the 302nd Judicial District
    CHILDREN                                            Court, Dallas County, Texas
    Trial Court Cause No. DF-17-14703.
    No. 05-18-00587-CV                                  Opinion delivered by Justice Stoddart,
    Justices Whitehill and Boatright
    participating.
    In accordance with this Court’s opinion of this date, we DISMISS the appeal.
    Judgment entered this 26th day of September, 2018.
    –3–
    

Document Info

Docket Number: 05-18-00587-CV

Filed Date: 9/26/2018

Precedential Status: Precedential

Modified Date: 9/27/2018