In the Interest of S.D.--Appeal from 410th District Court of Montgomery County

Annotate this Case

Download PDF

In The Court of Appeals Ninth District of Texas at Beaumont _________________ NO. 09-11-00192-CV _________________ IN THE INTEREST OF S.D. ________________________________________________________________________ On Appeal from the 410th District Court Montgomery County, Texas Trial Cause No. 11-03-03378-CV ________________________________________________________________________ MEMORANDUM OPINION The parents of S.D. filed a notice of appeal from an Order In Aid Of Investigation Of Child Abuse Or Neglect. We questioned our jurisdiction over the appeal and instructed the parties to file written responses by May 20, 2011. Appellants filed a response that explained that they were proceeding pro se and are unfamiliar with the legal system. Temporary orders under the Family Code are not immediately appealable. See Tex. Fam. Code Ann. § 105.001(e) (West 2008); see In re Tex. Dep t of Family & Protective Servs., 255 S.W.3d 613, 615 (Tex. 2008) (describing order entered pursuant to Section 261.303 of the Family Code as a temporary order). Relief from a temporary order 1 in a case filed under the Family Code may be available through mandamus. See In re Derzapf, 219 S.W.3d 327, 335 (Tex. 2007); Dancy v. Daggett, 815 S.W.2d 548, 549 (Tex. 1991). Although we gave notice that the appeal was subject to dismissal, appellants failed to file a response that showed grounds for continuing the appeal. See Tex. R. App. P. 42.3. Appellants supplied no authority that supports the exercise of appellate jurisdiction at this time. Accordingly, we dismiss the appeal for lack of jurisdiction. APPEAL DISMISSED. ________________________________ DAVID GAULTNEY Justice Opinion Delivered June 30, 2011 Before Gaultney, Kreger, and Horton, JJ. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.