## NO. 12

- 20

- 00189

- CV

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

IN THE INTEREST OF

M. D. AND M. D.,

CHILDREN §

§

§ APPEAL FROM THE 245TH

JUDICIAL DISTRICT COURT

HARRIS COUNTY, TEXAS

MEMORANDUM OPINION
PER CURIAM

S.F., act ing pro se, filed a notic e of appeal to alter a temporary order signed on December

12, 2018. 1
Generally, an a ppellate court has jurisdiction over appeals only from “final orders”

rendered under Title 5 of the Texas Family Code, unless a statute authoriz es an interlocutory

appeal. See T EX

. F AM

. C O DE A NN

. § 109.002(b) (West Sup p. 2019 ) (“An appe al may be taken

by any party to a suit from a final order rendered under this title.”); see, e.g. , Brejon v. Johnson

, 314 S.W.3d 26, 33 (Tex. App.

– Houston [1st Dist.] 2009, n o pe t.)

. In a suit affectin g the parent

child relationship, a trial court may make a temporary order fo r the safety and welfare of the

child. See T EX

. F AM

. C ODE A NN

. § 105.0 01(a) (West 201 9 ). Temporary orders rendered under

Section 105.001 are not subje ct to interlocutory appe a l. 2 Id

. § 105.0 01( e )

.
Here

, t he temporary order states that it shall continue in force until the signing of a final

order or until further order of the trial cour t. The record does not demonstrate that a trial court

has signed a final order in this case. Nor is this Court aware of any statute that authorizes an

1 Pursuant to a docket equalization order issued by the Supreme Court of Texas on July 30, 2020 , this appeal has been transferred to this C ourt from the First Court of Appeals in Houst on , T exas.

2 M a ndamus i s an appropriate remedy in a suit affecting the parent child relationship because the issuance of temporary orders is not subject to interlocutory appeal

. See In re Derzapf , 219 S.W.3d 327, 335 (Tex. 2007) ; see also I n re Salminen , 492 S.W.3d 31, 38 (Tex. App.

— Houston [1st Dist.] 2016, no pet.)

.2 appeal from the temporary order S.F. seeks to challenge. Ac cordingly, we dismiss the appeal for

want o f jurisdiction

. 3 S ee Davis v. Lopez

, No. 01

- 17

- 00052

- CV, 2017 WL 1149211, at *1 (Tex.

App.

— Houston [1 st Dist.] Mar. 28, 2017, no pet. ) (mem. op.) (per cur iam) (dismissing , for want

of jurisdiction, appeal from temporary order in suit affecting the parent child relatio nship ). All

pending motions are overruled as moot

. 4
Opinion de livered Septemb er 2, 2020.
Panel consis ted of Wo rthen, C.J., Hoyle, J., and Neeley, J.

3 On August 11, 2020, th is Court notifi ed S.F. that the information received in this appeal failed to show this Court ’s jurisdiction and that the appea l would be dismissed unless the notice of appeal was amended on or before August 21 to show this Co urt ’s jurisdiction

. S.F. resp onded with a le ngthy amend men t that alleged fraud on the court, amo ng other allegations. Her response, however, does not negat e the fact that the temporary order in this case is not appealable.

4 We also not e that S.F. filed a statement of inab ility to afford costs, which the court reporter c ontested. A t a hearin g, a t which a financial informati on statement predating the COVI D

- 19 pandemic was presented, the trial court concluded that S.F. faile d to show her inability to pay. The trial court explained that S.F . testi fied to income from wor k, has financial support from friends and resources available to her

, had not attempted to secure a loan, a nd did not testify that she is unable to obtain a loan. S .F. file d a notice of appeal to challenge the trial court ’ s determination. See T EX

. R. C IV

. P. 14 5 (g)

. However

, because we are dismissing the appeal for want of jur isdiction, we need not address this issue. See T EX

. R. A PP

. P. 47.1. See also Meuth v. Meuth , No. 03

- 19

- 00 254

- CV, 2019 WL 1216219, at * 1 ( Tex

. App.

— Austin Mar. 15, 2019, no pet.) (mem. o p. ) (dismissing as moot challenge to orde r, sustaining contest because appellant no longer had appeal pending for whic h costs due).3 

## COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT OF TEXAS

JU DGMENT

SEPTEMBER 2 , 2020

NO. 12

- 20

- 00189

- CV

IN THE INT EREST OF M. D. AN D M. D. , CHILDREN

Appeal from the 245th District Court

of Harris County, Texas (Tr.Ct.No. 2015

- 69880 )

THIS CAUSE came on to be heard on the appellate record, and the same

being c onsid ered, it is the opinion of this Court that it is with out jurisdiction of the appeal, and

that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that

this appeal be, and the same is, hereby dismissed for want of ju risdiction ; and that thi s decision

be certified to th e court below for observance.

By per curiam opinion

. Panel consisted of Worthen, C.J., Hoyle, J. and Ne eley, J.4 

# THE STATE OF TEXAS
M A N D A T E

*********************************************

TO THE 245TH DISTRICT COURT OF HARRIS COUNTY, GREETING:

Be fore our Court of Appeals for the 12th Court of Appe als District of Texas, on the 2 nd day of September

, 20 20 , the cause upon appeal to revise or reverse your judgment between

IN THE INTEREST OF M. D . AND M. D., CHILDREN

NO. 12

- 20

- 00189

- CV ; Trial Court No. 2015

- 69880

By per curiam opinion.

was determined; and therein our said C ourt ma de its order in these words:

“ THIS CAUSE came on to be heard on the appellate record, and the same being consid ered , it is the opinion of this Court that it is with out jurisdiction of the appeal, and that the appeal should be dismissed.

It is therefore ORDERED, ADJUDGED and DECREED by this Court that this appeal be, and the same is, hereby dismissed for want of ju ri sdiction ; and that thi s decision be certified to th e court below for observance. ”

WHEREAS, WE COMMAND YOU to observe the order of our said Cou rt of Appeals for the Twelfth Court of Appeals Distr ict of Texas in this behalf, and in all thing s hav e it duly

r ecognized, obeyed, and executed.

WITNESS, THE HONORABLE JAMES T. WORTHEN , Chief Justice of our Court of Appeals for the Twelfth Court of Appeal s District, with the Seal thereof affixed, at the Ci ty of Tyler, this the xx day of August, 2020.

By:

_ ___ ___________________________ KATRINA MCCLENNY , CLERK