Michael Jones v. Angel O. Torres, Jr.

CourtListener 10291400Txctapp5Dec 4, 2024

Full text

DISMISS and Opinion Filed December 4, 2024

In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-24-00748-CV

MICHAEL JONES, Appellant
V.
ANGEL O. TORRES, JR., Appellee

On Appeal from the 95th District Court
Dallas County, Texas
Trial Court Cause No. DC-23-00123

MEMORANDUM OPINION
Before Justices Pedersen, III, Smith, and Garcia
Opinion by Justice Garcia
Appellant appeals from the trial court’s June 17, 2024 order denying his

motion for a temporary restraining order. We questioned our jurisdiction over this

appeal and directed the parties to file letter briefs addressing our concern. Appellant

complied.

Generally, we have jurisdiction over final orders that dispose of all parties and

claims and such interlocutory orders deemed appealable by statute. See Lehmann v.

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Because appellant’s petition seeks

more than a temporary restraining order as relief, the trial court’s order denying the

requested relief is interlocutory. See id. While an interlocutory appeal from an order
granting or denying a temporary injunction is authorized by statute, no statutory

provision authorizes an appeal from the grant or denial of a temporary restraining

order. See TEX. CIV. PRAC. & REM. CODE ANN. §51.014(a)(4); Nikolouzos v. St.

Luke’s Episcopal Hosp., 162 S.W.3d 678, 680-81 (Tex. App.—Houston [14th Dist.]

2005, no pet.).

Although appellant filed a letter brief, nothing therein demonstrates our

jurisdiction over this appeal. Accordingly, we dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 42.3(a).

/Dennise Garcia//
240748f.p05 DENNISE GARCIA
JUSTICE

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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT

MICHAEL JONES, Appellant On Appeal from the 95th District
Court, Dallas County, Texas
No. 05-24-00748-CV V. Trial Court Cause No. DC-23-00123.
Opinion delivered by Justice Garcia.
ANGEL O. TORRES, JR., Appellee Justices Pedersen, III and Smith
participating.

In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.

Judgment entered this 4th day of December, 2024.

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