Opinion
04-23-00338-CV
06-12-2023
IN THE INTEREST OF M.L.M. AND J.C.M., Children
From the 216th Judicial District Court, Gillespie County, Texas Trial Court No. 12842 Honorable Albert D. Pattillo, III, Judge Presiding
ORDER
Rebeca C. Martinez, Chief Justice
This appeal arises from a suit to modify the parent-child relationship. On March 10, 2022, appellee filed a petition to modify the parent-child relationship, and on January 3, 2023, the trial court signed Temporary Orders and an Order for Child Custody Evaluation. The Temporary Orders state: "These Temporary Orders shall continue in force until the signing of the final order or until further order of this Court." The Order for Child Custody Evaluation orders a child custody evaluation by a qualified professional and a report to be filed in the trial court. Appellant filed a motion to reconsider these orders, and then a notice of appeal, attempting an appeal from these orders.
"Unless specifically authorized by statute, Texas appellate courts have jurisdiction only to review final judgments." McFadin v. Broadway Coffeehouse, LLC, 539 S.W.3d 278, 283 (Tex. 2018); accord Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Here, it appears that the modification suit remains pending and that the Temporary Orders and Order for Child Custody Evaluation are interlocutory orders, for which no statute authorizes an immediate appeal. Consistent with our sister courts, we previously have dismissed an attempted appeal from temporary orders in a modification suit, determining no statute authorized an interlocutory appeal. See In re B.V., No. 04-21-00086-CV, 2021 WL 2814896, at *2 (Tex. App.-San Antonio July 7, 2021, no pet.) (mem. op.) (citing In re K.S., No. 02-20-00409-CV, 2021 WL 126596, at *1 (Tex. App.-Fort Worth Jan. 14, 2021, no pet.) (mem. op.); Pina v. Shaw, No. 01-03-00088-CV, 2004 WL 306096, at *2 (Tex. App.-Houston [1st Dist.] Feb. 19, 2004, no pet.) (mem. op.)).
Therefore, we ORDER appellant to show cause in writing on or before June 27, 2023, why this appeal should not be dismissed for lack of jurisdiction. All other appellate deadlines are suspended pending further order of this court.