In the Interest of J.J.H., K.J.H., F.D.H. and H.P.S.--Appeal from 279th District Court of Jefferson County
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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-09-00130-CV _____________________ IN THE INTEREST OF J.J.H., K.J.H., F.D.H. AND H.P.S. On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-205,665 MEMORANDUM OPINION We notified the parties that our jurisdiction was not apparent from the notice of appeal and that we would dismiss the appeal for want of jurisdiction unless we received a response showing grounds for continuing the appeal. The appellant did not file a response. Appellant seeks to appeal the trial court s First Amended Order For Protection of a Child In an Emergency and Notice of Hearing. 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 a statute permits appeal. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). No statute provides for an interlocutory appeal of a temporary order such as the one at issue in this case. See T EX. F AM. C ODE ยง 262.112(b) 1 (Vernon 2008) (providing for an expedited appeal on a ruling by a court that the child may not be removed from the child s home. ); see generally In the Interest of N.J.G., 980 S.W.2d 764, 767 (Tex. App.--San Antonio 1998, no pet.). Accordingly, we dismiss the appeal for want of jurisdiction. APPEAL DISMISSED FOR WANT OF JURISDICTION. _________________________________ DAVID GAULTNEY Justice Opinion Delivered May 14, 2009 Before Gaultney, Kreger, and Horton, JJ. 2
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