J.L.D., Matter of

• Decision Date: 27 November 1985
• Docket Number: No. 13-85-422-CV,13-85-422-CV
• Citation: 704 S.W.2d 395
• Parties: In the Matter of J.L.D., Appellant
• Court: Texas Court of Appeals

Page 395

704 S.W.2d 395

In the Matter of J.L.D., Appellant

No. 13-85-422-CV.

Court of Appeals of Texas,

Corpus Christi.

Nov. 27, 1985.

Joseph E. Garcia, III, Portland, Tex., for appellant.

Thomas Bridges, David Aiken, County Attys., Sinton, for appellee.

OPINION

PER CURIAM.

Appellant attempts to appeal from the denial of a petition for writ of habeas corpus in a juvenile proceeding. On September 5, 1985, J.L.D., a juvenile, filed an application for writ of habeas corpus in the 36th Judicial District Court of San Patricio County, alleging that he was being held unlawfully since there was "no sufficient cause requiring him to be detained or confined." A detention order was annexed to and made a part of the application for writ of error. The detention order, signed on September 4, 1985 and issued pursuant to Texas Family Code 54.01 (Supp.1985), reads in pertinent part as follows:

"[t]he Court found that THERE IS PROBABLE CAUSE to believe that J.L.D. has engaged in delinquent conduct. [T]he Court finds that the child should be detained by reason of the following: Said child is likely to abscond or be removed from the jurisdiction of the Court; said child is accused of committing a felony offense and may be dangerous to himself or others if released;

IT IS THEREFORE ORDERED that the child be detained in the San Patricio County Juvenile Detention Facility and remain there until the conclusion of a disposition hearing or until further order of the Juvenile Court, but in no event shall he or she remain there more than ten days without further proceedings under section 54.01 of the Texas Family Code."

The trial court denied the petition for writ of habeas corpus on September 9, 1985. This Court received the transcript in this cause on October 7, 1985.

The question before us is whether this Court has jurisdiction to entertain an appeal from an order denying a petition for writ of habeas corpus based on a detention order (a temporary order) issued pursuant to 54.01 of the Texas Family Code.

Juvenile proceedings are civil in nature and thus governed by the Texas Rules of Civil Procedure. Carrillo v. State of Texas, 480 S.W.2d 612 (Tex.1972); Brenan v. Court of Civil Appeals, Fourteenth District, 444 S.W.2d 290 (Tex.1968); Starks v. State of Texas, 449 S.W.2d 559 (Tex.Civ.App.--Eastland 1969, writ ref'd); In the Matter of R.A.B., 525 S.W.2d 892 (Tex.Civ.App.--Corpus Christi 1975, no writ); TEX.FAM.CODE ANN. 51.17 (Vernon 1975). The Family Code specifically allows for appeals in juvenile proceedings in certain instances. TEX.FAM.CODE ANN. 56.01 (Vernon 1975). For example, it allows for appeals from an ajudication order, and a disposition order, but contains no provision for an appeal from a detention order (a temporary order), whether direct or by habeas corpus proceedings.

This is an attempt to appeal from a temporary and interlocutory order. No legislative authority exists, which would allow this Court to review by appeal an order denying a petition for writ of habeas corpus based on a temporary...