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Dailey v. Dailey

Court of Appeals of Texas, Second District, Fort Worth
Aug 4, 2011
No. 02-11-00211-CV (Tex. App. Aug. 4, 2011)

Opinion

No. 02-11-00211-CV

Delivered: August 4, 2011.

Appealed from the 324th District Court of Tarrant County.

PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ.


MEMORANDUM OPINION


Appellant Claude L. Dailey, Jr. attempts to appeal temporary orders in a divorce suit that state they are effective only until the final decree is rendered. We notified the parties of our concern that this court may not have jurisdiction over the appeal because the orders did not appear to be appealable. We informed the parties that unless appellant or any party desiring to continue the appeal filed a timely response with the court showing grounds for continuing the appeal, we would dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.

We received a response, but it does not show grounds for continuing the appeal. Temporary orders are not appealable interlocutory orders. See Tex. Fam. Code Ann. § 105.001(e) (West 2008); see also Tex. Civ. Prac. Rem. Code Ann. § 51.014(a) (West 2008) (listing types of appealable interlocutory orders); In re J.W.L., 291 S.W.3d 79, 83 (Tex. App.-Fort Worth 2009, orig. proceeding [mand. denied]) (noting that temporary order is not appealable). Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).


Summaries of

Dailey v. Dailey

Court of Appeals of Texas, Second District, Fort Worth
Aug 4, 2011
No. 02-11-00211-CV (Tex. App. Aug. 4, 2011)
Case details for

Dailey v. Dailey

Case Details

Full title:CLAUDE L. DAILEY, JR., APPELLANT v. PATRICIA ANN DAILEY, APPELLEE

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: Aug 4, 2011

Citations

No. 02-11-00211-CV (Tex. App. Aug. 4, 2011)