Court of Civil Appeals of Texas, 2023

In the Interest of I.I., a Child v. the State of Texas

In the Interest of I.I., a Child v. the State of Texas
Court of Civil Appeals of Texas · Decided June 22, 2023

In the Interest of I.I., a Child v. the State of Texas

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-23-00162-CV ___________________________ IN THE INTEREST OF I.I., A CHILD

On Appeal from the 360th District Court Tarrant County, Texas Trial Court No. 360-734025-23

Before Womack, Wallach, and Walker, JJ.

Memorandum Opinion by Justice Womack MEMORANDUM OPINION Appellant C.I. attempts to appeal from the trial court’s “Temporary Restraining Order with Extraordinary Relief and Order Setting Hearing for Temporary Orders” (the Order). On May 17, 2023, we notified Appellant of our concern that we lack jurisdiction over this appeal because the Order does not appear to be a final judgment or appealable interlocutory order. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195, 200 (Tex. 2001) (holding that, generally, appeals may be taken only from final judgments or interlocutory orders authorized by statute); see also Tex. Fam. Code Ann. § 105.001(e) (providing that temporary orders in suits affecting the parent–child relationship are not subject to an interlocutory appeal); In re Abbott, 601 S.W.3d 802, (Tex. 2020) (noting that temporary restraining orders are not appealable). We informed her that unless she or any party desiring to continue the appeal filed a response by May 29, 2023, showing grounds for continuing the appeal, we could dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.

Appellant has not filed a response. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

/s/ Dana Womack Dana Womack Justice Delivered: June 22, 2023

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