Opinion
No. 04-10-00553-CV
Delivered and Filed: November 17, 2010.
Appealed from the 81st Judicial District Court, Atascosa County, Texas, Trial Court No. 10-06-0413-CVA, The Honorable Cathy O. Morris, Judge Presiding.
Sitting: REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice, MARIALYN BARNARD, Justice.
MEMORANDUM OPINION
The trial court's order awarded temporary managing conservatorship of V.A., L.A., and J.A. to the Texas Department of Family and Protective Services. Generally, only final judgments are appealable. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders are appealable only if permitted by statute. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). No statute grants an interlocutory appeal of a temporary order such as the one at issue here. In fact, the Texas Family Code specifically precludes the interlocutory appeal of temporary orders in suits affecting the parent-child relationship. TEX. FAM. CODE ANN. § 105.001(e) (West 2009); see In re N.J.G., 980 S.W.2d 764, 766-67 (Tex. App.-San Antonio 1998, no pet.) (holding that because question of permanent conservatorship remained unresolved by order denying motion to terminate temporary conservatorship, that order was interlocutory and not appealable).
Because it appeared that this court did not have jurisdiction over this appeal, we ordered appellant to show cause in writing, by September 24, 2010, why this appeal should not be dismissed for lack of jurisdiction. Norman v. Norman, 692 S.W.2d 655, 655 (Tex. 1985). We have received no response to our show cause order.
This appeal is, therefore, dismissed for lack of jurisdiction. TEX. R. APP. P. 42.3(a).