MARK V. BRYANT v. THE STATE OF TEXAS (Other)

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State: Texas

Court: Criminal Court of Appeals

Docket No: PD-0390-08

Case Date: 07/02/2008

Plaintiff: MARK

Defendant: BRYANT v. THE STATE OF TEXAS (Other)

Preview:In the Interest of J.C., et al., Children--Appeal from 408th Judicial District Court of Bexar County
MEMORANDUM OPINION No. 04-04-00175-CV IN THE INTEREST OF J. C. and D. C. From the 408th Judicial District Court, Bexar County, Texas Trial Court No. 2003-PA-02079 Honorable Peter Sakai, Judge Presiding PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Delivered and Filed: May 19, 2004 DISMISSED FOR LACK OF JURISDICTION On December 5, 2003, the Texas Department of Protective and Regulatory Services ("Department") filed an "Original Petition for Protection of a Child for Conservatorship and for Termination in Suit Affecting the Parent-Child Relationship." In its petition, the Department sought to terminate appellant's parental rights and to obtain conservatorship of her children, J. C. and D. C. On the same day the petition was filed, the trial court signed an "Order for Protection of a Child in an Emergency and Notice of Hearing" in which the trial court issued emergency temporary orders naming the Texas Department of Protective and Regulatory Services as temporary sole managing conservator of J. C. and D. C. until January 7, 2004. On January 7, 2004, the trial court held a full adversary hearing pursuant to sections 262.201 and 262.205 of the Texas Family Code. After the hearing, the trial court entered an order appointing the Department as temporary managing conservator of J. C. and D. C. pending the resolution of the SAPCR. On March 12, 2004, appellant filed a notice of interlocutory appeal, stating that she seeks to appeal from the trial court's December 5, 2003 order. The trial court's December 5, 2003 order, however, is now moot, as it was replaced by the trial court's January 7, 2004 order. And, even assuming that appellant is appealing from the January 7, 2004 order, we do not have jurisdiction over this appeal. Section 262.112 of the Texas Family Code entitles the Department, parent, guardian, or other party "to an expedited appeal on a ruling by a court that the child may not be removed from the child's home." Tex. Fam. Code Ann. 262.112(b) (Vernon 2002) (emphasis added). Here, the trial court did not rule that J. C. and D. C. may not be removed from their home. Instead, it ruled that J. C. and D. C. should be removed from their home and appointed the Department as temporary sole managing conservator. The trial court's January 7, 2004 order is, therefore, not an appealable order. And, as such, we do not have jurisdiction over this appeal. We, therefore, dismiss this appeal for lack of jurisdiction. We also dismiss appellant's "Motion for Extension to File Appeal of Interlocutory Order and To Extend Time to File Record and Brief" and "Motion to Stay Proceedings" for lack of jurisdiction. PER CURIAM

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