Elliot Abraham Sacks v. Rachel Rupp
CourtTexas Court of Appeals, 3rd District (Austin)
Date FiledJuly 16, 2026
Docket03-26-00482-CV
StatusPublished
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Full Opinion
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-26-00482-CV
Elliot Abraham Sacks, Appellant
v.
Rachel Rupp, Appellee
FROM THE 433RD DISTRICT COURT OF COMAL COUNTY
NO. C2020-0619D, THE HONORABLE DIB WALDRIP, JUDGE PRESIDING
MEMORANDUM OPINION
Elliot Abraham Sacks filed this pro se appeal of the trial court’s April 10, 2026
Temporary Orders in Suit to Modify Parent-Child Relationship, challenging the temporary order
requiring him to have only supervised possession and access to his child. However, this Court
lacks jurisdiction over an appeal from temporary orders rendered in a pending suit affecting the
parent-child relationship (SAPCR). See Tex. Fam. Code § 105.001(e) (“Temporary orders
rendered under this section are not subject to interlocutory appeal.”); Jones v. Jones, No. 03-25-
00062-CV, 2025 WL 1715730, at *1 (Tex. App.—Austin June 20, 2025, pet. dism’d w.o.j.)
(dismissing for want of jurisdiction parent’s appeal of temporary orders in SAPCR). The Clerk of
this Court requested that Sacks file a response demonstrating our jurisdiction over this appeal. His
response did not address our jurisdiction over the appealed temporary orders. 1
In general, this Court’s jurisdiction is limited to appeals in which there exists a final
or appealable judgment or order. See Tex. Civ. Prac. & Rem. Code § 51.012; Lehmann v. Har-Con
Corp., 39 S.W.3d 191, 195 (Tex. 2001) (stating general rule that appeal may be taken only from
final judgment that disposes of all pending claims and parties in record unless statute provides for
interlocutory appeal). The trial court’s April 10, 2026 temporary order is not final, and no statute
provides for interlocutory appeal from that order. Because the order that Sacks challenges is not
an appealable interlocutory order, we dismiss this appeal for want of jurisdiction. See Tex. R.
App. P. 42.3(a); Jones, 2025 WL 1715730, at *1.
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Kelly and Theofanis
Dismissed for Want of Jurisdiction
Filed: July 16, 2026
1 Sacks’s response argues only that this case should be transferred because his child and
the child’s mother reside in Bexar County and “[t]he Comal County Court is not the proper venue
for this custody case.”
2