In the interest of S.A.W., a child Appeal from 303rd Judicial District Court of Dallas County (memorandum opinion by chief justice wright)
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DISMISS and Opinion Filed December 21, 2016 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-00752-CV IN THE INTEREST OF S.A.W., A CHILD On Appeal from the 303rd Judicial District Court Dallas County, Texas Trial Court Cause No. DF-11-15911 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Chief Justice Wright Appellant appeals from the May 25, 2016 order dismissing her motion to disqualify counsel for appellee. In her docketing statement, appellant questioned whether the trial court’s order was appealable because of the pending motion to enforce the divorce decree. She subsequently filed a motion asking this Court to abate the appeal to allow the trial court to rule on a pending motion to sever that awaited a hearing. She did not provide a date for the hearing. We denied the motion. After the clerk’s record was filed and the Court reviewed it, we instructed the parties to file letter briefs addressing this Court’s jurisdiction. Generally, this Court has jurisdiction only over appeals from final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A final judgment is one that disposes of all pending parties and claims. See id. An interlocutory order denying a motion to disqualify counsel is reviewable only on appeal from a final judgment. See Nat’l W. Life Ins. Co. v. Walters, 663 S.W.2d 125, 126 (Tex. App.— Austin 1983, no writ). In her jurisdictional brief, appellant argues, without citing any authority, that the May 25th order is appealable as it resolved a discrete issue separate from the claims pending in the enforcement action. The appealed order resolves appellant’s motion to disqualify counsel. Such an order is not reviewable by interlocutory appeal. See Nat’l W. Life Ins., 663 S.W.2d at 126. Because an order denying a motion for disqualification of counsel is not reviewable until final judgment and the claims in the motion for enforcement of the divorce decree remain pending, this Court lacks jurisdiction over the appeal of the May 25th interlocutory order. See Nat’l W. Life Ins., 663 S.W.2d at 126; Lehmann, 39 S.W.3d at 195. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE 160752F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT IN THE INTEREST OF S.A.W., A CHILD On Appeal from the 303rd Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-11-15911. Opinion delivered by Chief Justice Wright. Justices Lang-Miers and Stoddart participating. No. 05-16-00752-CV In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee Peggy Pasquini recover her costs of this appeal from appellant Sarah Pollan White. Judgment entered December 21, 2016. –3–
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