Joshua Sherrod Washington v. The State of Texas--Appeal from 351st District Court of Harris County

State: Texas

Court: Texas Northern District Court

Docket No: 01-07-00644-CR

Case Date: 02/03/2011

Plaintiff: Joshua Sherrod Washington

Defendant: The State of Texas--Appeal from 351st District Court of Harris County

Preview:Dismissed and Memorandum Opinion filed September 20, 2011.

In The

Fourteenth Court of Appeals
NO. 14-11-00536-CV IN THE INTEREST OF K.A.P., Appellant

On Appeal from the 246th District Court Harris County, Texas Trial Court Cause No. 2011-11924

MEMORANDUM

OPINION

This is an attempted appeal of an order in a suit affecting the parent-child relationship signed April 5, 2011. The petitioner, Susan Simpson, filed a suit to obtain custody of the child, K.A.P. because the parents of the child are incarcerated. Appellant, Patricia Shaw, is the child's grandmother and was not part of the original suit. After the order was entered, Shaw attempted to intervene by filing a motion for new trial, and is attempting to appeal the denial of the motion for new trial. A remedy by appeal is available only to parties of record. Gunn v. Cavanaugh, 391 S.W.2d 723 (Tex. 1965). In this case, appellant never became a party of record. She attempted to intervene by filing a motion for new trial, but the trial court denied the

motion and did not set aside its judgment. Where final judgment has been rendered, a plea in intervention comes too late and may not be considered unless and until the trial court first sets aside its final judgment. Citizens State Bank of Sealy v. Caney

Investments, 746 S.W.2d 477 (Tex. 1988). Because appellant was not a party to the judgment, nor an intervening party after judgment, this court has no jurisdiction over her appeal. See Central Mut. Ins. Co. v. Dunker, 799 S.W.2d 334, 336 (Tex. App.--Houston [14th Dist.] 1990, writ denied). Section 102.004 of the Texas Family Code provides that a grandparent may intervene in a pending suit affecting the parent-child relationship, or, under certain circumstances, bring an original suit affecting the parent-child relationship. Tex. Fam. Code Ann.

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