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Click here for the full text of this decision FACTS:Leo Joseph Hamel and his wife Barbara filed a divorce petition in September 2003 in Montgomery County Court at Law No. 2. The following January, Barbara filed an application for protective order under a different cause number, alleging family violence by Leo. The trial court issued the protective order Feb. 26. After the protective order was entered, but before Leo’s motion for new trial was filed, the trial court, without explanation, transferred the divorce proceeding to County Court at Law No. 4. Leo filed a notice of appeal on the protective order on the same days as his motion for new trial in that action, on March 23. This court notified Leo that it may not have jurisdiction over the appeal of the protective order, because the divorce proceeding was pending. As requested by this court, Leo submitted a brief urging that this court had appellate jurisdiction. HOLDING:Appeal dismissed. The protective order was rendered by the trial court in which the divorce proceeding was pending, although filed and rendered under a separate cause number from that of the divorce proceeding. The protective order at issue was limited in time, and expressly provided that “[t]he terms of this Protective Order should not supercede the terms set forth in the Temporary Orders” in the divorce proceeding. “Given this apparent incorporation by reference of the terms of the temporary orders from the divorce proceeding, even though the divorce and protective order proceedings remain separate, we conclude under these facts and circumstances this Court is without jurisdiction to review the protective order because of its distinct lack of finality as to the parties and issues.” OPINION:McKeithen, C.J.; McKeithen, C.J., Gaultney and Horton, JJ.

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