In the Interest of P. M. M., a Child v. .
Date Filed2023-12-27
Docket04-23-00552-CV
Cited0 times
StatusPublished
Full Opinion (html_with_citations)
Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-23-00552-CV
IN THE INTEREST OF P.M.M., a Child
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2021-CI-21699
Honorable Antonia Arteaga, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Chief Justice
Patricia O. Alvarez, Justice
Lori I. Valenzuela, Justice
Delivered and Filed: December 27, 2023
DISMISSED FOR LACK OF JURISDICTION
In this cause, appellant pro se seeks to appeal the trial court’s interlocutory orders
dissolving his indigency status and ordering him to pay attorney’s fees. Appellant apparently relies
on Texas Rule of Civil Procedure 145(g) as a basis for filing his interlocutory appeal. However,
Rule 145(g) does not independently authorize an interlocutory appeal. See TEX. R. CIV. P. 145(g)
(authorizing party contesting finding of non-indigency to “challenge the order by motion filed in
the court of appeals with jurisdiction over an appeal from the judgment in the case”) (emphasis
added). Moreover, after the filing of this appeal, the trial court entered a final judgment, and
appellant has directly appealed the merits in Cause No. 04-23-00840-CV. See Bonsmara Nat. Beef
Co., LLC v. Hart of Tex. Cattle Feeders, LLC, 603 S.W.3d 385, 390 (Tex. 2020) (“When a trial
04-23-00552-CV
court renders a final judgment, the court’s interlocutory orders merge into the judgment and may
be challenged by appealing that judgment.”).
On October 26, 2023, we ordered appellant to show cause why this cause should not be
dismissed for lack of jurisdiction. Appellant did not respond to our order. We accordingly dismiss
this cause for lack of jurisdiction. However, on September 6, 2023, appellant filed a brief that we
construe as a motion filed under Rule 145(g). In the interests of justice, we, therefore, direct the
Clerk to transfer to Cause No. 04-23-00840-CV (1) the clerk’s records, (2) the reporter’s record,
and (3) appellant’s September 6, 2023 motion for disposition pursuant to Rule 145(g).
PER CURIAM
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