Sec. 152.314. ACCELERATED APPEALS. An appeal may be taken from a final order in a proceeding under this subchapter in accordance with accelerated appellate procedures in other civil cases. Unless the court enters a temporary emergency order under Section 152.204, the enforcing court may not stay an order enforcing a child custody determination pending appeal.
Added by Acts 1999, 76th Leg., ch. 34, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 8, eff. September 1, 2017.
Notes of Decisions
In the Interest of J.P.L., 359 S.W.3d 695 (Tex. App.—San Antonio 2011).
· cites it 2× “314 of the Texas Family Code and, therefore, this court has appellate jurisdiction. 3 We disagree. The record shows that the implementation of the August 17, 2010, order was abated by the trial court in its October 25, 2010, order.”
Saavedra v. Schmidt, 96 S.W.3d 533 (Tex. App.—Austin 2002).
“Tex. Fam.Code Ann. § 152.314. 16 . If the orders were indeed temporary orders, as opposed to a final order denying Saavedra's petition to enforce a child custody determination, those orders are not subject to appeal.”
In the Interest of E.W.N., 482 S.W.3d 150 (Tex. App.—El Paso 2015).
“009 Order granting or denying a petition for return of the child under the UCCJEA Tex.Fam.Code Ann. § 152.314 . Quo warranto Tex.”
Gonzalez v. Perales, 2023 ND 145, 994 N.W.2d 183.
“(citing Tex. Fam. Code Ann. § 152.314 ). Because the trial court abated and reconsidered the merits of the August 17, 2010 order, it was not a final order under UCCJEA § 314.”
In re KLV, 109 S.W.3d 61 (Tex. App.—Fort Worth 2003).
· cites it 7× “Because Father failed to comply with Texas Family Code section 152.314, we dismiss the appeal for want of jurisdiction.”
in the Interest of K.L v. & K.J v. Minor Child., No. 02-02-00252-CV (Tex. App.—Fort Worth May 15, 2003).
· cites it 7× “Because Father failed to comply with Texas Family Code section 152.314, we dismiss the appeal for want of jurisdiction.”
Cristina Denbina v. Devon Denbina, No. 14-22-00838-CV (Tex. App.—Houston [14th Dist.] Jan. 12, 2023).
“See Uniform Child Custody Jurisdiction and Enforcement Act, Tex. Fam. Code Ann. § 152.314 . The notice of appeal was filed November 9, 2022.”
Manuel E. Saavedra v. Texas Dep't of Prot. & Regulatory Servs., No. 03-01-00639-CV (Tex. App.—Austin Oct. 31, 2002).
“Tex. Fam. Code Ann. § 152.314 . 16. If the orders were indeed temporary orders, as opposed to a final order denying Saavedra's petition to enforce a child custody determination, those orders are not subject to appeal.”
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