In the Interest of N.J.G., 980 S.W.2d 764 (Tex. App. 1998). · Go Syfert
In the Interest of N.J.G., 980 S.W.2d 764 (Tex. App. 1998). Cases Citing This Book View Copy Cite
G Cite
39 citation events (39 in the last 25 years) across 1 distinct court.
Strongest positive: in the Interest of J.S., B.D., and B.O., Children (texapp, 2005-07-21)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 26 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) in the Interest of J.S., B.D., and B.O., Children (2×) also: Cited "see"
Tex. App. · 2005 · quote attribution · 1 verbatim quote · confidence high
temporary orders rendered under this section are not subject to interlocutory appeal.
discussed Cited as authority (verbatim quote) in the Interest of J.S., B.D., and B.O., Children (2×) also: Cited "see"
Tex. App. · 2005 · quote attribution · 1 verbatim quote · confidence high
temporary orders rendered under this section are not subject to interlocutory appeal.
cited Cited as authority (rule) in the Interest of L.G., a Child
Tex. App. · 2018 · confidence medium
Code Ann. § 105.001 (e); In re N.J.G., 980 S.W.2d 764, 767 (Tex. App.—San Antonio 1998, no pet.).
cited Cited as authority (rule) in Re Sidney Bigham
Tex. App. · 2014 · confidence medium
In re N.J.G., 980 S.W.2d 764, 767 (Tex. App.—San Antonio 1998, no pet.) (citing TEX.
discussed Cited as authority (rule) Barbara Leanne Richardson v. Stephan Shawn Marak and Department of Family and Protective Services (2×) also: Cited "see"
Tex. App. · 2012 · confidence medium
Code Ann. § 105.001(e) (West 2008); In re N.J.G. , 980 S.W.2d 764, 767 (Tex. App.—San Antonio 1998, no pet.).
discussed Cited as authority (rule) G. A. J. v. Department of Family and Protective Services
Tex. App. · 2012 · confidence medium
E.g. , In re X.C.B. , No. 14-08-00851-CV, 2009 WL 2370911 , at *2 (Tex. App.—Houston [14th Dist.] July 30, 2009, pet. struck) (mem. op.) (citing In re N.J.G. , 980 S.W.2d 764, 767 (Tex. App.—San Antonio 1998, no pet.)).
cited Cited as authority (rule) in the Interest of X.C.B., AKA X.C, I.C.B., AKA I.C., S. B.C., and J.W.C AKA J. W. W.
Tex. App. · 2009 · confidence medium
In the Interest of N.J.G. , 980 S.W.2d 764, 767 (Tex. App. C San Antonio 1998, no pet.).
cited Cited as authority (rule) in the Interest of X.C.B., AKA X.C, I.C.B., AKA I.C., S. B.C., and J.W.C AKA J. W. W.
Tex. App. · 2009 · confidence medium
In the Interest of N.J.G. , 980 S.W.2d 764, 767 (Tex. App. C San Antonio 1998, no pet.).
discussed Cited as authority (rule) in Re James John Palermo
Tex. App. · 2008 · confidence medium
See Bilyeu v. Bilyeu, 86 S.W.3d 278, 280 (Tex. App.—Austin 2002, no pet.) (“In a suit to modify a SAPCR, . . . the original decree remains final and a new final order results from the modification proceeding.”); In re N.J.G., 980 S.W.2d 764, 766-67 (Tex. App.—San Antonio 1998, no pet.) (“The Texas Family Code permits a party to appeal ‘a final order’ in a suit affecting the parent-child relationship.”).
discussed Cited as authority (rule) in Re James John Palermo
Tex. App. · 2008 · confidence medium
See Bilyeu v. Bilyeu , 86 S.W.3d 278, 280 (Tex. App.--Austin 2002, no pet.) ("In a suit to modify a SAPCR, . . . the original decree remains final and a new final order results from the modification proceeding."); In re N.J.G. , 980 S.W.2d 764, 766-67 (Tex. App.--San Antonio 1998, no pet.) ("The Texas Family Code permits a party to appeal 'a final order' in a suit affecting the parent-child relationship.").
cited Cited as authority (rule) in the Interest of R.S., a Child
Tex. App. · 2008 · confidence medium
See Tex. Fam.Code Ann. ' 105.001(e) (Vernon 2006); In the Interest of N.J.G. , 980 S.W.2d 764, 767 (Tex. App. C San Antonio 1998, no pet.).
cited Cited as authority (rule) in the Interest of E.A.F., a Child
Tex. App. · 2005 · confidence medium
In the Interest of N.J.G., 980 S.W.2d 764, 767 (Tex.App.-San Antonio 1998, no pet.).
cited Cited as authority (rule) in the Interest of E.A.F., a Child
Tex. App. · 2005 · confidence medium
In the Interest of N.J.G., 980 S.W.2d 764, 767 (Tex.App.–San Antonio 1998, no pet.).
cited Cited as authority (rule) in the Interest of E.A.F., a Child
Tex. App. · 2005 · confidence medium
In the Interest of N.J.G., 980 S.W.2d 764, 767 (Tex.App.–San Antonio 1998, no pet.).
discussed Cited "see" in the Interest of V.A., L.A., and J.A, Children
Tex. App. · 2010 · signal: see · confidence high
CODE ANN. § 105.001(e) (West 2009); see In re N.J.G., 980 S.W.2d 764, 766-67 (Tex. App.—San Antonio 1998, no pet.) (holding that because question of permanent conservatorship 04-10-00553-CV remained unresolved by order denying motion to terminate temporary conservatorship, that order was interlocutory and not appealable).
discussed Cited "see" Shelley Durrell Haines Critz AND Roger Allen Critz v. Roger Allen Critz, Joseph C. Critz, and Sharon A. Critz AND Shelley Durrell Haines Critz (2×)
Tex. App. · 2009 · signal: see · confidence high
In Brook v. Brook,16 the supreme court construed former family code section 14.01, which provided, in pertinent part, as follows: 14 … Id. §§ 153.131(a),(b), .373; see In re N.J.G., 980 S.W.2d 764 , 766 n.1 (Tex. App.—San Antonio 1998, no pet.). 15 … Chavez v. Chavez, 148 S.W.3d 449 , 459–60 (Tex. App.—El Paso 2004, no pet.); see Tex. Fam.
examined Cited "see" Critz v. Critz (4×)
Tex. App. · 2009 · signal: see · confidence high
Id. §§ 153.131(a),(b), .373; see In re N.J.G., 980 S.W.2d 764 , 766 n. 1 (Tex.App.-San Antonio 1998, no pet.). .
discussed Cited "see" Shelley Durrell Haines Critz AND Roger Allen Critz v. Roger Allen Critz, Joseph C. Critz, and Sharon A. Critz AND Shelley Durrell Haines Critz (2×)
Tex. App. · 2009 · signal: see · confidence high
Code Ann. §§ 153.131 , .373 (Vernon 2008); see In re N.J.G. , 980 S.W.2d 764 , 766 n.1 (Tex. App.—San Antonio 1998, no pet.) (citing sections 153.131 and 153.373 in a discussion of the parental presumption).
discussed Cited "see" in the Interest of J.J.H., K.J.H., F.D.H. and H.P.S.
Tex. App. · 2009 · signal: see · confidence high
Code § 262.112(b) (Vernon 2008) (providing for "an expedited appeal on a ruling by a court that the child may not be removed from the child's home."); see generally In the Interest of N.J.G. , 980 S.W.2d 764, 767 (Tex. App.--San Antonio 1998, no pet.).
cited Cited "see" in the Interest of W. L. D. W. a Child
Tex. App. · 2007 · signal: see · confidence high
FAM CODE ANN . 105.001(e) (Vernon Supp. 2006); See In the Interest of N.J.G., 980 S.W.2d 764, 767 (Tex. App.–San Antonio 1998, no pet.).
cited Cited "see" in the Interest of W. L. D. W. a Child
Tex. App. · 2007 · signal: see · confidence high
Tex. Fam Code Ann. 105.001(e) (Vernon Supp. 2006); See In the Interest of N.J.G. , 980 S.W.2d 764, 767 (Tex. App.-San Antonio 1998, no pet.).
cited Cited "see" in the Interest of W. L. D. W. a Child
Tex. App. · 2007 · signal: see · confidence high
Tex. Fam Code Ann. 105.001(e) (Vernon Supp. 2006); See In the Interest of N.J.G. , 980 S.W.2d 764, 767 (Tex. App.–San Antonio 1998, no pet.).
discussed Cited "see" Chalu v. Shamala
Tex. App. · 2003 · signal: see · confidence high
See In re N.J.G., 980 S.W.2d 764, 766-67 (Tex.App.San Antonio 1998, no pet.) (holding that because question of permanent conserva-torship remained unresolved by order denying motion to terminate temporary con-servatorship, that order was interlocutory and not appealable).
discussed Cited "see" in the Interest Of: S.S.C., a Child
Tex. App. · 2003 · signal: see · confidence high
See In re N.J.G. , 980 S.W.2d 764, 766-67 (Tex. App.—San Antonio 1998, no pet.) (holding that because question of permanent conservatorship remained unresolved by order denying motion to terminate temporary conservatorship, that order was interlocutory and not appealable).
cited Cited "see, e.g." B.H. v. Department of Family and Protective Services
Tex. App. · 2011 · signal: see also · confidence medium
Code Ann . § 105.001(e) (Vernon 2006); see also In the Interest of N.J.G ., 980 S.W.2d 764, 767 (Tex. App. — San Antonio 1998, no pet.).
discussed Cited "see, e.g." in the Interest of T.S. and S.A.S.
Tex. App. · 2006 · signal: see also · confidence low
Id . ' 153.004(b) (Vernon Supp. 2005); see also In re N.J.G. , 980 S.W.2d 764 , 766 n.1 (Tex. App. C San Antonio 1998, no pet.) (noting Texas Family Code section 161.205 is usually interpreted with regard to the section 153.131(a) presumption that a parent shall be appointed sole managing conservator or both parents as joint managing conservators unless the child = s physical health or emotional development would be significantly impaired; considering also section 153.004 precluding joint managing conservator status when there is credible evidence of a history or pattern of child abuse or negl…
Retrieving the full opinion text from the archive…
In the Interest of N.J.G.
04-97-00808-CV.
Court of Appeals of Texas.
Sep 9, 1998.
980 S.W.2d 764
Charles A. Schmidt, Ana Novoa, Supervising Attorney, Sylvia' Lopez, Student Attorney, San Antonio, for Appellant., Susan J. Dasher, Law Office of Susan J. Dasher, P.C., Austin, for Appellee.
Rickhoff, Duncan, Angelini.
Cited by 31 opinions  |  Published

OPINION

DUNCAN, Justice.

Teresa Guerra appeals the trial court’s order denying her motion to terminate Vivian Villarreal’s temporary managing conservator-ship over Guerra’s biological child, N.J.G. Because the order leaves the issue of permanent conservatorship open, we hold it is interlocutory and therefore dismiss Guerra’s appeal for want of jurisdiction.

Factual and ProceduRal Background

On December 22, 1992, Teresa Guerra, a Mexican citizen who was illegally residing in San Antonio, Texas, gave birth to a daughter, N.J.G. Guerra cared for her daughter until June 1998, when Guerra was arrested for theft. Guerra was subsequently convicted and sentenced to three years in prison. Before entering prison, however, in September 1993, Guerra made formal arrangements for N.J.G.’s care with a friend, Gloria Villarreal.

In April 1994, without Guerra’s knowledge or consent, Gloria Villarreal let her daughter, Vivian Villarreal, assume custody and responsibility for N.J.G. But neither Gloria nor Vivian told Guerra of this new arrangement until June 1996, when Vivian Villarreal visited Teresa in prison and asked to adopt N.J.G. Guerra adamantly refused. One week later, Vivian Villarreal filed a petition to terminate the parent-child relationship between N.J.G. and her biological parents. N.J.G.’s father did not answer. But Guerra filed a pro se answer vigorously objecting to Villarreal’s petition.

Guerra was released from prison in August 1996 and immediately taken into custody by the United States Immigration and Naturalization Service. In October 1996, Guerra was released on bond pending trial in the deportation proceeding. Shortly thereafter, Vivian Villarreal sought and was granted a temporary restraining order prohibiting Guerra’s removal of N.J.G. from the jurisdiction of the trial court. At the same time, the trial court mandated scheduled visitations between Guerra and N.J.G.

In mid-May 1997, the trial court heard evidence on Villarreal's petition to terminate the parent-child relationship between N.J.G. and her biological parents. After the hearing, the trial court terminated N.J.G.’s biological father’s parental rights but refused to terminate those of Guerra. Instead, the trial court appointed Villarreal as N.J.G.’s temporary managing conservator and Guerra as her daughter’s temporary possessory conservator, ordered increased visitation, and enjoined the two women from removing N.J.G. from the court’s jurisdiction. The court’s order recites these steps were taken pursuant to section 161.206(2) of the Texas Family Code, which permits the court to make orders in the child’s best interest when it denies a petition to terminate the parent-child relationship. The order does not reflect the court found appointing Guerra as managing conservator “would significantly impair [N.J.G’s] physical health or emotional devel[*766] opment.” Tex. Fam.Code Ann. § 153.131(a) (Vernon Supp.1998). [1]

In late June, Guerra filed a motion to terminate Villarreal’s temporary managing conservatorship and set the matter for a hearing on August 4. Shortly thereafter, on July 23, 1997, during a scheduled visitation, Guerra and N.J.G. left on an errand and never returned. In response, Villarreal filed a motion for a writ of attachment, a motion to hold Guerra in contempt for violating the injunction, a motion for sanctions, and an amended petition to terminate Guerra’s parental rights. Villarreal attempted to set these matters for hearing on August 4. Three days notice was not given, however, and the trial court denied Villarreal’s motion to shorten the requisite notice period. See Tex.R. Civ. P. 21. The hearing on August 4 thus went forward only on Guerra’s motion to terminate Villarreal’s managing conservator-ship.

At the hearing, the trial judge heard testimony from Vivian Villarreal; Guerra’s parole officer, Tambra Satterfield; Guerra’s friend, Terry Abrams; and two psychologists, Drs. Trevino and Scott, who had worked with N.J.G. At the conclusion of the hearing, the court ruled Guerra had not produced sufficient evidence to justify terminating Villarreal’s temporary managing conservatorship. The court and Villarreal’s attorney then discussed setting Villarreal’s various petitions and motions for a later hearing.

After the hearing, the trial court signed findings of fact and conclusions of law. In its findings, the trial court found Guerra presented “no evidence in support of the termination,” Guerra secreted N.J.G. in violation of the court’s order, and it was in N.J.G.’s best interest for Villarreal to remain managing conservator. Once again, however, the court did not find appointing Guerra as managing conservator “would significantly impair [N.J.G’s] physical health or emotional development.” See supra n. 1. Guerra appeals, challenging the legal and factual sufficiency of the evidence to support the trial court’s ruling.

JURISDICTION

Neither of the parties has questioned our jurisdiction over this appeal. However, subject matter jurisdiction cannot be waived and, as a result, may be raised by the court on its own initiative. Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex.), petition for cert. filed, 67 U.S.L.W. 3149 (U.S. Aug. 6, 1998) (No. 98-249). We do so in this case and conclude we are without jurisdiction to decide Guerra’s appeal.

The Texas Family Code permits a party to appeal “a final order” in a suit affecting the parent-child relationship. Tex.[*767] Fam.Code Ann. § 109.002(b) (Vernon 1996); see also Tex. Fam.Code Ann. § 105.001(e) (Vernon 1996) (“Temporary orders rendered under this section are not subject to interlocutory appeal.”). “To be final, a judgment must determine the rights of the parties and dispose of all the issues involved so no future action will be necessary in order to settle and determine the case.” Kelley v. Kelley, 583 S.W.2d 671, 673 (Tex.Civ.App.—Austin 1979, writ dism’d). “A judgment is interlocutory when it determines less than all issues as to all parties thereby leaving something to be determined and adjudicated by the court in disposing of the parties and their rights.” Id. Accordingly, an order is interlocutory if it leaves open the issue of permanent conserva-torship. Id.

The trial court appointed Villarreal to serve as N.J.G.’s temporary managing conservator. Therefore, by denying Guerra’s motion to terminate the temporary conserva-torship, the trial court effectively continued the temporary appointment of Villarreal as N.J.G’s managing conservator. Because this order leaves open the question of permanent conservatorship, it is interlocutory. Kelley, 583 S.W.2d at 673. We therefore dismiss Guerra’s appeal for lack of jurisdiction.

1

. Section 153.131 (a) provides:

Subject to the prohibition in Section 153.004 [regarding domestic violence], unless the court finds that appointment of the parent or parents would not be in the best interest of the child because the appointment would significantly impair the child’s physical health or emotional development, a parent shall be appointed sole managing conservator or both parents shall be appointed as joint managing conservators of the child.

Tex. Fam.Code Ann. § 153.131(a) (Vernon Supp. 1998). The record indicates the trial court failed to make the finding required by section 153.131(a) because it assumed section 153.131(a) does not apply to orders rendered pursuant to section 161.205(2), which permits the court to "render any order in the best interest of the child” if it denies a petition to terminate the parent-child relationship. Id. § 161.205(2) (Vernon 1996). Application of the "best interest” standard in section 161.205(2) without regard to the section 153.131(a) presumption is the subject of Guerra’s third point of error.

Our research has not revealed any authority for interpreting section 161.205(2) without regard to section 153.131(a), and we note the trial court’s interpretation would permit a non-parent to avoid the presumption set forth in 153.131(a) merely by the filing and denial of a frivolous petition to terminate the parent-child relationship. Cf. Tex Fam.Code Ann. § 153.373 (Vernon 1996) (section 153.131(a) presumption “is rebutted if the court finds that ... the parent has voluntarily relinquished actual care, control, and possession of the child to a nonparent ... for a period of one year or more, a portion of which was within 90 days preceding the ... filing of the suit; and ... the appointment of the nonparent ... as managing conservator is in the best interest of the child.”); Hamlet v. Silliman, 605 S.W.2d 663, 664-65 (Tex.Civ.App.—Houston [1st Dist.] 1980, no writ) (holding motion to modify temporary conservatorship is governed by the predecessor of section 153.131). We do not decide which standard applies, however, because we dismiss this appeal for lack of jurisdiction.