Background
D.B., proceeding without counsel, attempted to appeal a post-termination order that granted the Texas Department of Family and Protective Services’ motion to strike her petition in intervention, denied the petition, and denied her motion for reconsideration.
The appellate court notified D.B. that it appeared to lack jurisdiction and warned that the appeal could be dismissed unless she established grounds for continuing it. She responded but did not establish such grounds. She also alternatively asked the court to treat the appeal as a petition for writ of mandamus.
The Court’s Holding
The court dismissed the appeal for want of jurisdiction. It concluded that the record did not contain a final, appealable order concerning post-termination conservatorship or an interlocutory order made immediately appealable by statute. D.B. did not appear to challenge the March 26, 2026 termination order, and any appeal from that order would have been untimely.
The court also declined to construe D.B.’s appeal as a mandamus petition because her response and other filings did not satisfy the requirements of Texas Rule of Appellate Procedure 52.
Key Takeaways
- Texas appellate courts generally have jurisdiction only over final judgments and interlocutory orders made immediately appealable by statute.
- The post-termination rulings on D.B.’s attempted intervention did not constitute a final judgment or an appealable interlocutory order.
- An appellate filing will not be treated as a mandamus petition when it fails to comply with the procedural requirements governing mandamus proceedings.
Why It Matters
The decision underscores that a party seeking appellate review in a child-protection case must identify a final judgment or a statutorily appealable interlocutory order. Post-termination rulings do not automatically provide an immediate route to appeal.
It also illustrates that requesting mandamus relief in the alternative does not cure a jurisdictional defect when the filings fail to meet the procedural rules for an original mandamus proceeding.