In the Interest of C.H., a Child v. the State of Texas ( 2023 )


Menu:
  • DISMISS and Opinion Filed June 16, 2023
    S  In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-23-00300-CV
    IN THE INTEREST OF C.H., A CHILD
    On Appeal from the 302nd Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DF-20-07919
    MEMORANDUM OPINION
    Before Justices Pedersen, III, Garcia, and Kennedy
    Opinion by Justice Garcia
    Appellant appeals from the trial court’s order transferring jurisdiction of the
    underlying suit to Bonner County, Idaho pursuant to the Uniform Child Custody
    Jurisdiction Enforcement Act (UCCJEA). See TEX. FAM. CODE ANN. § 152.207.
    We questioned our jurisdiction over this appeal because an order transferring
    jurisdiction under the UCCJEA is reviewable by mandamus. See In re Alanis, 
    350 S.W.3d 322
    , 324 (Tex. App.—San Antonio 2011, orig. proceeding).              At the
    Court’s direction, appellant filed a letter brief. Appellant agrees that the proper
    remedy is by mandamus and not direct appeal.
    Accordingly, we dismiss the appeal for want of jurisdiction. See id; TEX. R.
    APP. P. 42.3(a).
    /Dennise Garcia/
    DENNISE GARCIA
    JUSTICE
    230300F.P05
    –2–
    S
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    IN THE INTEREST OF C.H., A                 On Appeal from the 302nd Judicial
    CHILD                                      District Court, Dallas County, Texas
    Trial Court Cause No. DF-20-07919.
    No. 05-23-00300-CV                         Opinion delivered by Justice Garcia.
    Justices Pedersen, III and Kennedy
    participating.
    In accordance with this Court’s opinion of this date, the appeal is
    DISMISSED.
    It is ORDERED that appellee Sara Ann Hodges recover her costs of this
    appeal from appellant Bradley Francis Goodell.
    Judgment entered June 16, 2023.
    –3–
    

Document Info

Docket Number: 05-23-00300-CV

Filed Date: 6/16/2023

Precedential Status: Precedential

Modified Date: 6/21/2023