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Claude L. Dailey, Jr. v. Patricia Ann Dailey
Citation: Not availableDocket: 02-11-00211-CV
Court: Court of Appeals of Texas; August 4, 2011; Texas; State Appellate Court
Original Court Document: View Document
Appellant Claude L. Dailey, Jr. sought to appeal temporary orders issued in a divorce case against Appellee Patricia Ann Dailey. The Court of Appeals for the Second District of Texas raised concerns regarding its jurisdiction to hear the appeal, as temporary orders are not considered appealable interlocutory orders under Texas law. Appellant was notified that without a timely response demonstrating grounds for the appeal's continuation, the court would dismiss it for lack of jurisdiction. Although a response was submitted, it failed to establish the necessary grounds. The court referenced Texas Family Code and Civil Practice and Remedies Code, affirming that temporary orders do not qualify for appeal. Consequently, the court dismissed the appeal for want of jurisdiction. The opinion was delivered by the panel including Chief Justice Livingston and Justices Dauphinot and Gardner on August 4, 2011.