Opinion
No. 08-03-00280-CV
December 30, 2004.
Appeal from the 65th District Court of El Paso County, Texas, (Tc#2003CM2731).
Hon. Duke Hooten, Appellate Attorney, Austin, TX, Hon. Ellen Griffith, Special Litigation Attorney, Midland, TX, for Appellant.
Hon. Steven L. Hughes, Mounce, Green, Myers, Safi Galatzan, El Paso, TX, for Appellee.
Hon. Michael Spurlock, El Paso, TX, Attorney Ad Litem.
Before Panel No. 3, BARAJAS, C.J., LARSEN, and CHEW, JJ.
MEMORANDUM OPINION
In this case, the Texas Department of Protective and Regulatory Services attempts to challenge the trial court's rulings regarding J.A.P.M., a juvenile, claiming the court lacked jurisdiction. We dismiss because the record does not contain an appealable order, and therefore we lack jurisdiction over any appeal.
Appellant TDPRS filed its "special appearance, plea to the court's jurisdiction, objections to appointment as temporary managing conservator, and request for hearing" on May 8, 2003. The record contains no ruling on this motion. TDPRS then filed its "motion to stay order appointing the Texas Department of Protective and Regulatory Services as temporary managing conservator of the child [J.A.P.M.]." That motion was denied on June 11, 2003; on that day TDPRS filed its notice of appeal, stating it was appealing the trial court's interlocutory order of June 11, 2003. Both the notice of appeal and appellant's brief indicate that it is appealing the denial of its plea to the jurisdiction, but there is no ruling on that motion before us.
On December 6, 2004, this Court gave its notice of our intent to dismiss the appeal for lack of jurisdiction unless any party could show grounds for continuing the appeal within ten days. Tex.R.App.P. 42.3. Over ten days have passed without response from any party. We therefore dismiss the appeal because we lack jurisdiction.