CourtListener 10804123•In the Interest of B.R.M. and M.M.M., Children v. the State of Texas
In the Interest of B.R.M. and M.M.M., Children v. the State of Texas
CourtListener 10804123Txctapp74 de mar. de 2026
Texto completo
In The
Court of Appeals
Seventh District of Texas at Amarillo
No. 07-25-00175-CV
No. 07-26-00149-CV
IN THE INTEREST OF B.R.M. AND M.M.M., CHILDREN
On Appeal from the 140th District Court
Lubbock County, Texas
Trial Court No. 2016-522,264, Honorable Douglas H. Freitag, Presiding
March 4, 2026
ORDER OF SEVERANCE AND DISMISSAL
Before PARKER, C.J., and DOSS and YARBROUGH, JJ.
Appellant, Swanna Flores, appeals from the trial court’s Order in Suit Affecting the
Parent-Child Relationship. This Court previously abated and remanded the appeal for a
determination of whether Flores was entitled to preparation of the reporter’s record
without payment of costs pursuant to Rule of Civil Procedure 145. Following a hearing
on remand, the trial court entered Findings and Orders Upon Remand from Court of
Appeals Concerning Request for Free Reporter’s Record, finding that Flores was entitled
to a free reporter’s record and directing the reporter to prepare it.
Appellee, Jordan McEwen, subsequently filed a notice of appeal seeking to
challenge the trial court’s Findings and Orders Upon Remand from Court of Appeals
Concerning Request for Free Reporter’s Record. That order, however, is not appealable
by McEwen. Rule of Civil Procedure 145(g)(1) expressly states that “[o]nly the declarant
may challenge an order issued by the trial court under this rule.” Because Flores filed the
Statement of Inability to Afford Payment of Court Costs, she is the “declarant” and the
only party that may appeal the trial court’s order concerning payment of costs. See TEX.
R. CIV. P. 145(b), (g)(1). By letter of February 5, 2026, we directed McEwen to file a
written response, no later than February 17, 2026, establishing this Court’s jurisdiction
over his purported appeal. McEwen has not responded to the Court’s directive to date.
Because we lack jurisdiction to review the trial court’s order granting Flores relief
under Rule of Civil Procedure 145, we dismiss McEwen’s appeal for want of jurisdiction.
See TEX. R. APP. P. 42.3(a). Accordingly, we sever McEwen’s appeal into cause number
07-26-00149-CV, and dismiss it.
Flores’s appeal shall continue to disposition under appellate cause number 07-25-
00175-CV.
It is so ordered.
Per Curiam
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