L. F. v. Texas Department of Family and Protective Services Appeal from 250th District Court of Travis County (memorandum opinion by chief justice rose)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-16-00636-CV L. F., Appellant v. Texas Department of Family and Protective Services, Appellee FROM THE DISTRICT COURT OF TRAVIS COUNTY, 250TH JUDICIAL DISTRICT NO. D-1-FM-16-003378, JAMES L. ARTH, JUDGE PRESIDING MEMORANDUM OPINION Appellant L.F. has informed this Court that she no longer wishes to pursue this appeal from temporary orders of conservatorship in a suit affecting the parent-child relationship and has filed a motion to dismiss it. Her motion was filed in response to a motion to dismiss for want of jurisdiction filed by appellee Texas Department of Family and Protective Services, contending that this Court lacks jurisdiction to review the temporary orders L.F. challenged by interlocutory appeal. In a suit affecting the parent-child relationship, a trial court “may make a temporary order, including the modification of a prior temporary order, for the safety and welfare of the child, including an order: (1) for the temporary conservatorship of the child;” but any such “[t]emporary orders rendered under this section are not subject to interlocutory appeal.” Tex. Fam. Code § 105.001(a)(1), (e); see also W.F.S. v. Texas Dep’t of Family & Protective Servs., No. 01-15-00689-CV, No. 01-15-01028-CV, 2016 Tex. App. LEXIS 2253, at *1-2 (Tex. App.—Houston [1st Dist.] Mar. 3, 2016, no pet.) (mem. op.). We grant the Department’s motion and dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). __________________________________________ Jeff Rose, Chief Justice Before Chief Justice Rose, Justices Goodwin and Bourland Dismissed for Want of Jurisdiction Filed: December 28, 2016 2
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