Chani Nicole Jensen v. Haley Marie Jensen Barb ( 2023 )

Dismiss and Opinion Filed May 24, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00021-CV
CHANI NICOLE JENSEN, Appellant
V.
HALEY MARIE JENSEN BARB, Appellee
On Appeal from the 330th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-22-08224
MEMORANDUM OPINION
Before Justices Molberg, Carlyle, and Smith
Opinion by Justice Molberg
We questioned our jurisdiction over this appeal from the family court
associate judge’s permanent restraining order as it appeared the appeal had been filed
prematurely. Although appellant had not requested a de novo hearing before the
referring court, the referring court had not yet signed the associate judge’s order,
and, without the referring court’s signature, the order was not appealable. See TEX.
FAM. CODE ANN. §§ 201.013(b) (providing generally that when de novo hearing not
requested, associate judge’s order becomes order of referring court only on referring
court’s signing), 201.016(b) (providing generally that date referring court signs order
is controlling date for purposes of appeal). Although we abated the appeal twice to
allow appellant an opportunity to obtain an order signed by the referring court, she
has not done so.
Our second order abating the appeal cautioned appellant that failure to file, by
May 2, 2023, a supplemental clerk’s record containing a copy of the referring court’s
order would result in dismissal of the appeal. See id. § 201.016(b); TEX. R. APP. P.
42.3(a). Accordingly, on the record before us, we dismiss the appeal and all pending
motions. See TEX. FAM. CODE ANN. § 201.016(b); TEX. R. APP. P. 42.3(a).
230021f.p05 /Ken Molberg//
KEN MOLBERG
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHANI NICOLE JENSEN, On Appeal from the 330th Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. DF-22-08224.
No. 05-23-00021-CV V. Opinion delivered by Justice
Molberg, Justices Carlyle and Smith
HALEY MARIE JENSEN BARB, participating.
Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Haley Marie Jensen Barb recover her costs, if any,
of this appeal from appellant Chani Nicole Jensen.
Judgment entered this 24th day of May 2023.
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