In the Interest of Z.B., Z.B., and J.B. Appeal from 279th District Court of Jefferson County (memorandum opinion by chief justice mckeithen)
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In The Court of Appeals Ninth District of Texas at Beaumont ________________ NO. 09-14-00398-CV ________________ IN THE INTEREST OF Z.B., Z.B., AND J.B. __________________________________________________________________ On Appeal from the 279th District Court Jefferson County, Texas Trial Cause No. F-219,449 __________________________________________________________________ MEMORANDUM OPINION This is an attempted appeal by the children s great-grandmother, who was neither a party nor an intervenor in the trial court proceedings, from an order terminating parental rights. On September 18, 2014, we sent a letter questioning our jurisdiction over the case because appellant was not a party to the trial court case. Appellant did not file a response. Standing is a prerequisite to subject matter jurisdiction. Frost Nat l Bank v. Fernandez, 315 S.W.3d 494, 502 (Tex. 2010). Standing must exist at every stage of a legal proceeding, including appeal. Williams v. Lara, 52 S.W.3d 171, 184 1 (Tex. 2001). To establish standing to appeal, a person must generally have been a party to the judgment. In re S.J., No. 14-11-00142-CV, 2011 WL 2150586, at *1 (Tex. App. Houston [14th Dist.] June 2, 2011, no pet.) (mem. op.). Nonparties who have not properly intervened in the trial court generally lack standing to appeal the trial court s judgment. See Cont l Cas. Co. v. Huizar, 740 S.W.2d 429, 430 (Tex. 1987). Because appellant was not a party in the trial court, nor was she a nonparty who had properly intervened in the trial court, she lacks standing to appeal. See S.J., 2011 WL 2150586, at *1. Accordingly, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 43.2(f); In re K.A.P., No. 14-11-00536-CV, 2011 WL 4373987, at *1 (Tex. App. Houston [14th Dist.] Sept. 20, 2011, no pet.) (mem. op.) (Appellate court dismissed appeal for lack of jurisdiction because grandmother was neither a party to the judgment nor an intervening party.). APPEAL DISMISSED. ___________________________ STEVE McKEITHEN Chief Justice Submitted on October 22, 2014 Opinion Delivered October 23, 2014 Before McKeithen, C.J., Kreger and Johnson, JJ. 2
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