in the Interest of H.J.S., Minor Child ( 2022 )

DISMISS and Opinion Filed December 13, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00799-CV
IN THE INTEREST OF H.J.S., A CHILD
On Appeal from the 303rd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-16-25137
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
This appeal challenges an order confirming child support arrearage and
reducing the arrearage to judgment. The order was signed by an associate judge
following a trial on the merits.
Generally, under Texas Family Code sections 201.013 and 201.016, the
applicable associate judge provisions, an associate judge’s order or judgment
becomes the order or judgment of the referring court and is appealable to an appellate
court only on the referring court’s signing the order or judgment. See TEX. FAM.
CODE ANN. §§ 201.013(b), 201.016(b). However, an associate judge’s order or
judgment may be directly appealed to an appellate court if, prior to the start of the
hearing conducted by the associate judge, the parties waive, in writing, their right to
a de novo hearing before the referring court. See id. § 201.016(c); see also id §
201.007(a)(16) (allowing associate judge to render and sign final order where parties
waive right to de novo hearing in writing).
Because the record here did not reflect the parties waived their right to a de
novo hearing and the order is signed by the associate judge only, we questioned our
jurisdiction over the appeal and directed appellant to file a letter brief addressing our
concern. Although we cautioned appellant 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 for want of jurisdiction. See id. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220799F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF H.J.S., On Appeal from the 303rd Judicial
MINOR CHILD District Court, Dallas County, Texas
Trial Court Cause No. DF-16-25137.
No. 05-22-00799-CV Opinion delivered by Chief Justice
Burns, Justices Molberg and
Goldstein participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Avery Nicole Schultz recover her costs, if any, of
this appeal from appellant Burke Caton Schultz.
Judgment entered December 13, 2022
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