CourtListener 10655586•In the Interest of F.R. and R.R., Children v. the State of Texas
In the Interest of F.R. and R.R., Children v. the State of Texas
CourtListener 10655586Txctapp214 août 2025
Texte intégral
In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-25-00314-CV
___________________________
IN THE INTEREST OF F.R. AND R.R, CHILDREN
On Appeal from the 231st District Court
Tarrant County, Texas
Trial Court No. 231-619733-17
Before Kerr, Birdwell, and Bassel, JJ.
Memorandum Opinion by Justice Kerr
MEMORANDUM OPINION
Appellant S.R. attempts to appeal three temporary orders in a suit affecting the
parent–child relationship (SAPCR): (1) “Temporary Orders” signed on June 4, 2025;
(2) “Order on Motion to Quash Subpoenas and for Protective Order Regarding
Third-Party Subpoena” signed on June 4, 2025; and (3) “Temporary Orders in Suit to
Modify Child Support” signed on June 20, 2025. None of the three temporary orders
appears to be a final judgment or an appealable interlocutory order, and the district
clerk has confirmed that the trial court has not signed a final judgment or order in this
case.
On July 11, we informed Appellant of our concern that we do not have
jurisdiction over his appeal. We stated that, unless he or another party desiring to
continue the appeal responded with grounds for continuing the appeal, it might be
dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.
In response, Appellant acknowledges that “temporary orders issued in SAPCR
proceedings are generally not appealable under Tex[as] Fam[ily] Code [Section]
105.001(e),” but he contends that “this appeal is warranted because the orders at issue
involve constitutional violations, judicial misconduct, and coercive conduct that
render them functionally final or otherwise voidable or void ab initio.” He asks this
court to continue his appeal or alternatively to either construe it as a petition for writ
of mandamus or to consolidate it with a “soon-to-be-filed petition addressing the
same judicial conduct and due[-]process violations.”
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This court’s appellate jurisdiction is generally limited to review of: (1) final
judgments that dispose of all parties and all claims; and (2) certain interlocutory orders
made appealable by statute. See, e.g., CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex.
2011). The three temporary orders do not dispose of all parties and claims. See
Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). As Appellant concedes,
“[t]emporary orders rendered [in SAPCR cases] are not subject to interlocutory
appeal,” see Tex. Fam. Code Ann. § 105.001(e), and Appellant has not otherwise
shown that any of the challenged temporary orders are appealable. Thus, we lack
jurisdiction over this appeal.
Regarding Appellant’s alternative request that we construe his appeal as a
petition for writ of mandamus, we decline to do so because his jurisdictional response
and other filings in this appeal do not meet the requirements of Texas Rule of
Appellate Procedure 52. See Tex. R. App. P. 52; Thomas v. Tex. Dep’t of Crim. Just.—Inst.
Div., 3 S.W.3d 665, 667 (Tex. App.—Fort Worth 1999, no pet.). We also deny his
request to consolidate this appeal with a future-filed original proceeding.
Accordingly, we dismiss this appeal for lack of jurisdiction. See Tex. R. App. P.
42.3(a), 43.2(f).
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/s/ Elizabeth Kerr
Elizabeth Kerr
Justice
Delivered: August 14, 2025
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