CourtListener 10852484•In the Interest of O.L.M., a Child v. the State of Texas
In the Interest of O.L.M., a Child v. the State of Texas
CourtListener 10852484Txctapp1Apr 30, 2026
Full text
Opinion issued April 30, 2026
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-25-00670-CV
———————————
IN RE O.L.M., A CHILD
On Appeal from the 461st District Court
Brazoria County, Texas
Trial Court Case No. 123459F
MEMORANDUM OPINION
Appellant Mother1 filed a notice of appeal from the trial court’s interlocutory
“Temporary Orders in Suit to Modify Parent-Child Relationship.” Appellee Father
filed a motion to dismiss, arguing in part that temporary orders in a suit to modify
1
We use generic names and initials to protect the child’s privacy. See TEX. FAM.
CODE § 109.002(d).
the parent-child relationship are unappealable interlocutory orders. Mother filed a
response, arguing she has properly appealed the subject temporary order.
This Court has jurisdiction over appeals only from final judgments and those
interlocutory orders specifically authorized by statute. See Bison Bldg. Materials,
Ltd. v. Aldridge, 422 S.W.3d 582, 585 (Tex. 2012); CMH Homes v. Perez, 340
S.W.3d 444, 447–48 (Tex. 2011); In re M.R.H., No. 04-24-00595-CV, 2024 WL
5194647, at *1 (Tex. App.—San Antonio Dec. 23, 2024, no pet.) (mem. op.); see
also TEX CIV. PRAC. & REM. CODE § 51.014 (authorizing appeals from certain
interlocutory orders). Temporary orders in a suit to modify the parent-child
relationship are not subject to interlocutory appeal, although they may be subject to
mandamus review. See TEX. FAM. CODE § 105.001(e); In re M.R.H., 2024 WL
5194647, at *1; In re T.R.L., 654 S.W.3d 16, 19 (Tex. App.—Houston [14th Dist.]
2022, no pet.).
We lack jurisdiction over this appeal because Mother cannot appeal the
subject interlocutory temporary order. See Salinas v. Melton, No. 01-15-00702-
CV, 2016 WL 3661845, at *1 (Tex. App.—Houston [1st Dist.] July 7, 2016, no
pet.) (mem. op.). We grant Father’s motion and dismiss this appeal for want of
jurisdiction. We dismiss all other pending motions as moot.
PER CURIAM
Panel consists of Justices Rivas-Molloy, Johnson, and Dokupil.
2
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.