Wesley Fite v. Leah Fite

Opinion filed June 12, 2025

In The

Eleventh Court of Appeals
___________

No. 11-25-00094-CV
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WESLEY FITE, Appellant
V.
LEAH FITE, Appellee

On Appeal from the 39th District Court
Throckmorton County, Texas
Trial Court Cause No. 3592

MEMORANDUM OPINION
Appellant has filed a pro se notice of appeal from the trial court’s order
denying his motion to vacate a temporary ex parte protective order that was issued
pursuant to Chapter 83 of the Texas Family Code. See TEX. FAM. CODE ANN.
§§ 83.001–.007 (West 2019 & Supp. 2024). We dismiss this interlocutory appeal.
When this appeal was docketed, the clerk of this court wrote Appellant and
informed him that it did not appear that the order from which he was attempting to
appeal was a final, appealable order. We requested that Appellant respond and show
grounds to continue the appeal, and we informed Appellant that the appeal was
subject to dismissal. See TEX. R. APP. P. 42.3. Appellant has not filed a response
despite three reminders that his response is due.
A trial court, upon application, “may enter a temporary ex parte order for the
protection of the applicant or any other member of the family or household of the
applicant” if it finds from the application “that there is a clear and present danger of
family violence.” FAM. § 83.001(a) (emphasis added). “A temporary ex parte order
is valid for the period specified in the order, not to exceed 20 days” and “may be
extended for additional 20-day periods.” Id. § 83.002. While Section 81.009 of
“[t]he Texas Family Code permits an appeal from ‘a protective order rendered
under’ subtitle B of title 4 of that Code,” it does not permit an appeal, as here, “from
temporary ex parte protective orders entered under Section 83.001.” Taylor v.
Norton, No. 06-24-00015-CV, 2024 WL 4181810, at *2 (Tex. App.—Texarkana
Sept. 13, 2024, no pet.) (mem. op.) (second emphasis added) (distinguishing
protective orders rendered under Section 85.001, which are appealable, from
temporary ex parte protective orders entered under Section 83.001). Appellant’s
motion to vacate the trial court’s temporary ex parte protective order makes clear
that relief sought was from the trial court’s order under Section 83.001.
Accordingly, we lack jurisdiction to entertain this appeal. Id. at *4.
We dismiss this appeal for want of jurisdiction, for want of prosecution,
and for failure of Appellant to comply with this court’s directives. See TEX. R.
APP. P. 42.3.

JOHN M. BAILEY
CHIEF JUSTICE
June 12, 2025
Panel consists of: Bailey, C.J.,
Trotter, J., and Williams, J.

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