Claude L. Dailey, Jr. v. Patricia Ann Dailey--Appeal from 324th District Court of Tarrant County
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COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH NO. 02-11-00211-CV CLAUDE L. DAILEY, JR. APPELLANT V. PATRICIA ANN DAILEY APPELLEE ---------- FROM THE 324TH DISTRICT COURT OF TARRANT COUNTY ---------- MEMORANDUM OPINION1 ---------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 1 See Tex. R. App. P. 47.4. 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). PER CURIAM PANEL: LIVINGSTON, C.J.; DAUPHINOT and GARDNER, JJ. DELIVERED: August 4, 2011 2
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