George Danner v. Kathryn Danner ( 2018 )

In The
Court of Appeals
Ninth District of Texas at Beaumont
____________________
NO. 09-18-00034-CV
____________________
GEORGE DANNER, Appellant
V.
KATHRYN DANNER, Appellee
________________________________________________________________________
On Appeal from the 418th District Court
Montgomery County, Texas
Trial Cause No. 17-03-04143-CV
________________________________________________________________________
MEMORANDUM OPINION
George Danner filed a notice of appeal from the trial court’s January 4, 2018
Order Finding Alleged Partition and Exchange Agreement Unenforceable. On
January 30, 2018, the appellee, Kathryn Danner, filed a motion to dismiss the appeal
on the ground that the order was interlocutory and not subject to accelerated appeal.
Appellant did not file a response to the motion to dismiss.
Generally, temporary orders in a divorce case may not be immediately
appealed. See Tex. Fam. Code Ann. § 6.507 (West 2006). Because the order does
1
not dispose of all issues before the trial court and it has not been severed, it is an
interlocutory order not subject to immediate appeal. See Lehmann v. Har-Con Corp.,
39 S.W.3d 191, 200 (Tex. 2001). Accordingly, we dismiss the appeal for want of
jurisdiction. See Tex. R. App. P. 42.3(a).
Appellee requests that we award her “just damages” in an unspecified amount
because the appeal is frivolous. See Tex. R. App. P. 45. “Rule 45 does not mandate
that this court award just damages in every case in which an appeal is frivolous;
rather the decision to award such damages is a matter within this court’s discretion,
which we exercise with prudence and caution after careful deliberation.” Glassman
v. Goodfriend, 347 S.W.3d 772, 782 (Tex. App.—Houston [14th Dist.] 2011, pet.
denied). We deny Appellee’s request for Rule 45 damages.
APPEAL DISMISSED.
________________________________
CHARLES KREGER
Justice
Submitted on March 7, 2018
Opinion Delivered March 8, 2018
Before McKeithen, C.J., Kreger and Horton, JJ.
2