X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A.M. seeks to appeal from an order issued by an associate judge in a family matter. The order is entitled “Recommendation,” pertains to a “modification” concerning visitation, and carries the expressed designation of “temporary,” as opposed to “final.” Questioning whether we have jurisdiction over the appeal, we afforded A.M. the opportunity to address the matter. A.M. timely responded and contended that the “recommendation” designated as “temporary” was final and appealable. We dismiss. Our appellate jurisdiction is generally limited to appeals from final judgments and orders disposing of all claims and parties. In re J.J.B., No. 05-16-01337-CV, 2017 Tex. App. LEXIS 1350, at *1 (Tex. App.—Dallas Feb. 15, 2017, no pet.) (mem. op.) (involving an attempted appeal from an associate judge’s temporary order). Though there are exceptions to that general rule, they do not include appeals from a temporary order rendered in a family law case. Id. (holding that “temporary orders issued in family law cases are not appealable”). Because the order from which A.M. appealed is “temporary,” it did and does not vest us with jurisdiction over the appeal.That the order is a “recommendation” poses a further obstacle to our jurisdiction. That is, the powers vested in an associate judge are prescribed by statute. The statute prescribing them is § 201.007 of the Texas Family Code. See TEX. FAM. CODE ANN. § 201.007 (West, Westlaw through 2017 R.S.). And, to the extent said statute permits an associate judge to render “a final” order or decree, the instances in which it can are limited. They are limited to 1) “a final order agreed to in writing as to both form and substance by all parties,” id. § 201.007(a)(14)(A); 2) “a final default order,” id. § 201.007(a)(14)(B); 3) “a final order in a case in which a party files an unrevoked waiver made in accordance with Rule 119, Texas Rules of Civil Procedure, that waives notice to the party of the final hearing or waives the party’s appearance at the final hearing,” id. § 201.007(a)(14)(D); and 4) “a final order if the parties waive the right to a de novo hearing before the referring court under Section 201.015 in writing before the start of a hearing conducted by the associate judge.” Id. § 201.007(a)(16). The “recommendation” before us falls within none of those categories.1 It is just that, a “recommendation” executed by the associate judge per § 201.007(a)(10) of the Family Code. See id. § 201.007(a)(10) (stating that an associate judge may “recommend an order to be rendered in a case”).Being a “recommendation,” further action must occur before it becomes final and appealable. It may be adopted, modified, rejected or sent back by the referring court. Gerke v. Kantara, 492 S.W.3d 791, 792-93 (Tex. App.—Houston [1st Dist.] 2016, no pet.). And, it becomes final and appealable only when signed by the judge of the referring court, and not before. Id. Because the “recommendation” here has yet to be signed by the judge of the referring court (or any other judge authorized to sign on behalf of the referring court), it is not appealable.Lacking jurisdiction over the “temporary” “recommendation” from which A.M. appealed, we dismiss the appeal.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
November 18, 2024 - November 19, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More

Prominent law firm seeks 2 associates to join our defense teams in our downtown New York City and Melville, NY offices.The Litigation Associ...


Apply Now ›

Description: Fox Rothschild has an opening for a Litigation Counsel in our Seattle office. Experience with insurance bad faith and coverage ...


Apply Now ›

Robert C. Gottlieb & Associates PLLC is a 40-year-old litigation boutique looking to hire a civil attorney who has concentrated in civil...


Apply Now ›