What does this decision mean?

The appellate court concluded it cannot hear Mother's appeal because the mediation order is not a final or otherwise appealable order, so the appeal was dismissed.

Who is affected by this dismissal?

Mother (the appellant) is affected because her appeal is dismissed; the trial court case remains pending and the trial-court proceedings continue.

What happens next in the trial court?

Because the trial judge has not signed a final judgment and the case remains pending, the trial court proceedings (including mediation or further hearings) will proceed unless the parties take other action.

Can this dismissal be appealed?

Dismissal for lack of jurisdiction is typically final as to this attempted appeal; Mother could consider seeking relief only if she can show a previously unasserted basis for appellate jurisdiction or file an appeal after a final judgment is entered.

In the Interest of M.H.-E., a Child v. the State of Texas

Docket 02-26-00197-CV

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

FamilyDismissed

Filed: Apr 30, 2026 · 6 days ago
Jurisdiction: Texas
Court: Texas Court of Appeals, 2nd District (Fort Worth)
Type: Lead Opinion
Case type: Family
Disposition: Dismissed
Docket: 02-26-00197-CV

Appeal from an “Order for Mediation with Dispute Resolution” in a juvenile/family matter from the 325th District Court, Tarrant County, Texas.

Summary

The court dismissed Mother’s appeal from a trial court’s “Order for Mediation with Dispute Resolution” for lack of jurisdiction. The appellate court warned Mother that the order did not appear to be a final judgment or an otherwise appealable interlocutory order and gave her until a deadline to show grounds to continue the appeal. No response was filed, and the clerk confirmed the trial judge had not signed a final judgment and the case remains pending. Because appeals generally lie only from final judgments or statutorily authorized interlocutory orders, the court dismissed the appeal.

Issues Decided

Whether the trial court’s “Order for Mediation with Dispute Resolution” was a final or otherwise appealable interlocutory order
Whether the appellate court had jurisdiction to entertain the appeal absent a response showing grounds for appeal

Court's Reasoning

Texas appellate jurisdiction is generally limited to final judgments or interlocutory orders authorized by statute. The mediation order did not appear to be a final judgment, and no statutory basis for an interlocutory appeal was shown. The court gave the appellant an opportunity to demonstrate jurisdiction, received no response, and the trial court clerk confirmed the case remains pending, so dismissal for want of jurisdiction was appropriate.

Authorities Cited

Lehmann v. Har-Con Corp.39 S.W.3d 191 (Tex. 2001)
Texas Rules of Appellate ProcedureRules 42.3(a), 43.2(f), 44.3
Texas Family CodeSection 109.002(d) (identity protection provision cited)

Parties

Appellant: M.H. (Mother)
Judge: Brian Walker, Justice

Key Dates

Appellate notice of jurisdictional concern sent: 2026-03-30
Response deadline to show grounds for appeal: 2026-04-09
Opinion delivered: 2026-04-30

What You Should Do Next

1
Consult your attorney about jurisdictional basis
Discuss whether the mediation order was truly appealable or whether any statute or exception supports an interlocutory appeal; if such a basis exists, consider seeking reinstatement or other relief promptly.
2
Proceed in the trial court
Prepare for continued proceedings in the trial court since the case remains pending and no final judgment has been entered.
3
Monitor for final judgment
If you wish to appeal, wait for entry of a final judgment and file a timely appeal from that judgment once it is signed.

Frequently Asked Questions

What does this decision mean?: The appellate court concluded it cannot hear Mother's appeal because the mediation order is not a final or otherwise appealable order, so the appeal was dismissed.
Who is affected by this dismissal?: Mother (the appellant) is affected because her appeal is dismissed; the trial court case remains pending and the trial-court proceedings continue.
What happens next in the trial court?: Because the trial judge has not signed a final judgment and the case remains pending, the trial court proceedings (including mediation or further hearings) will proceed unless the parties take other action.
Can this dismissal be appealed?: Dismissal for lack of jurisdiction is typically final as to this attempted appeal; Mother could consider seeking relief only if she can show a previously unasserted basis for appellate jurisdiction or file an appeal after a final judgment is entered.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

In the
        Court of Appeals
Second Appellate District of Texas
         at Fort Worth
     ___________________________
          No. 02-26-00197-CV
     ___________________________

 IN THE INTEREST OF M.H.E., A CHILD



  On Appeal from the 325th District Court
          Tarrant County, Texas
      Trial Court No. 325-742976-23


  Before Sudderth, C.J.; Kerr and Walker, JJ.
  Memorandum Opinion by Justice Walker
                            MEMORANDUM OPINION

      Appellant M.H. (Mother)1 attempts to appeal from the trial court’s “Order for

Mediation with Dispute Resolution” (the Order).

      On March 30, 2026, we notified Mother of our concern that we lack

jurisdiction over this appeal because the Order did not appear to be a final judgment

or an appealable interlocutory order. See Lehmann v. Har-Con Corp., 39 S.W.3d 191,

195, 200 (Tex. 2001) (holding that, generally, appeals may be taken only from final

judgments or interlocutory orders authorized by statute). We informed Mother that

unless she or any party filed a response showing grounds for continuing the appeal on

or before April 9, 2026, we could dismiss it for want of jurisdiction. See Tex. R. App.

P. 42.3(a), 44.3. We have received no response.2

      Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App.

P. 42.3(a), 43.2(f); Lehmann, 39 S.W.3d at 195, 200.

                                                       /s/ Brian Walker

                                                       Brian Walker
                                                       Justice

Delivered: April 30, 2026



      1
        To protect the child’s identity, we identify the child’s family by their
relationship to her. See Tex. Fam. Code Ann. § 109.002(d).
      2
        The trial-court clerk informed us that the trial-court judge has not signed a
final judgment and that the case is still pending.


                                           2