In The Interest Of M.J.Y, E.T.Y, B.C.Y., V.C.Y., E.G.Y., R.F.Y., S.R.Y., D.A.Y., A.A.Y., X.I.Y., Children Appeal from 296th Judicial District Court of Collin County (dissenting memorandum opinion)
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DISMISS and Opinion Filed April 15, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00017-CV IN THE INTEREST OF M.J.Y, E.T.Y, B.C.Y., V.C.Y., E.G.Y., R.F.Y., S.R.Y., D.A.Y., A.A.Y., AND X.I.Y., CHILDREN On Appeal from the 296th Judicial District Court Collin County, Texas Trial Court Cause No. 296-52069-2020 MEMORANDUM OPINION Before Justices Molberg, Goldstein, and Smith Opinion by Justice Goldstein Appellant filed a pro se notice of appeal challenging the trial court’s decision to deny appellant’s request for court-appointed counsel. We notified appellant that it did not appear he was attempting to appeal from a final or otherwise appealable order, and we requested appellant to file a response showing grounds to continue this appeal. Appellant failed to respond to our request. A party may only appeal from a final judgment or an interlocutory order specifically made appealable by statute or rule. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 & n.12 (Tex. 2001); see e.g. TEX. CIV. PRAC. & REM. CODE § 51.014 (listing appealable interlocutory orders). The denial of a request for court- appointed counsel is not a final judgment nor an appealable interlocutory order. Matter of Marriage of Hernandez and McCreary, No. 12-17-00397-CV, 2018 WL 524864, *2 (Tex. App—Tyler Jan. 24, 2018, no pet.) (per curiam) (mem. op.); Hernandez v. Williams, 02-09-00220-CV, 2009 WL 2579578, at*1 (Tex. App—Fort Worth Aug. 20, 2009, no pet.) (per curiam) (mem. op.). Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 42.2(f); Hernandez, 2018 WL 524864 at * 2; Hernandez, 2009 WL 2579578 at * 1. /Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE 210017F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT IN THE INTEREST OF M.J.Y, E.T.Y, B.C.Y., V.C.Y., E.G.Y., R.F.Y., S.R.Y., D.A.Y., A.A.Y., and X.I.Y., CHILDREN On Appeal from the 296th Judicial District Court, Collin County, Texas Trial Court Cause No. 296-520692020. Opinion delivered by Justice Goldstein. Justices Molberg and Smith participating. No. 05-21-00017-CV In accordance with this Court’s opinion of this date, this appeal is DISMISSED. Judgment entered April 15, 2021 –3–
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