Unreported / Non-Citable
Background
Reinaldo J. Aguiar Marcano, proceeding without counsel, filed multiple notices of appeal in a Fort Bend County case. He sought review of several orders, including temporary orders, sanctions orders, an order to appear, a temporary restraining order and hearing setting, an income-withholding order, and an order granting an agreed motion for withdrawal of counsel.
The clerk of the court of appeals notified Marcano that the appeal was subject to dismissal for lack of jurisdiction and gave him ten days to demonstrate that appellate jurisdiction existed. His response did not establish jurisdiction.
The Court’s Holding
The Texas First Court of Appeals dismissed the appeal for lack of jurisdiction. None of the challenged orders purported to be a final judgment or an otherwise appealable interlocutory order, and temporary orders in a divorce case are not subject to interlocutory appeal.
The court also noted that, even if the most recent challenged orders had been appealable, Marcano’s notices of appeal were untimely. Because the court lacked jurisdiction, it dismissed all pending motions as moot.
Key Takeaways
- Texas appellate courts generally have jurisdiction only over final judgments and interlocutory orders made appealable by statute.
- Temporary orders in a divorce proceeding are not subject to interlocutory appeal.
- A response to a jurisdictional notice must identify a valid basis for appellate review; otherwise, the appeal must be dismissed.
Why It Matters
The decision underscores that filing a notice of appeal does not create appellate jurisdiction. A party seeking immediate review of an order entered before final judgment must establish that a statute authorizes an interlocutory appeal.
It also highlights a separate procedural risk: even an appealable order must be challenged within the deadlines prescribed by the Texas Rules of Appellate Procedure.