Court of Civil Appeals of Texas, 2003

Shirley and George LaBlanche v. Delores Theus

Shirley and George LaBlanche v. Delores Theus
Court of Civil Appeals of Texas · Decided July 10, 2003

Shirley and George LaBlanche v. Delores Theus

Opinion

Opinion issued July 10, 2003









In The

Court of Appeals

For the

First District of Texas

____________


NO. 01-03-00321-CV

____________


SHIRLEY LA BLANCHE AND GEORGE LA BLANCHE, Appellants


V.


DELORES THEUS, Appellee





On Appeal from the 189th District Court

Harris County, Texas

Trial Court Cause No. 2003-16855





MEMORANDUM OPINION


          This is an attempted appeal from the trial court’s denial of appellants Shirley La Blanche’s and George La Blanche’s motion for a temporary restraining order. A temporary restraining order is generally not appealable. See Del Valle Indep. Sch. Dist. v. Lopez, 845 S.W.2d 808, 809 (Tex. 1992).

          On May 16, 2003, we ordered appellants to: (1) file either (a) a clerk’s record containing the trial court’s order denying their motion for a temporary restraining order or (b) a certified copy from the district clerk of the trial court’s order denying their motion for a temporary restraining order; (2) file a brief explaining why the order is actually an appealable temporary injunction, rather than a nonappealable temporary restraining order (see Qwest Communications Corp. v. AT & T Corp., 24 S.W.3d 334, 336 (Tex. 2000)); and (3) pay the appellate filing fee, if they had not already done so (see Tex. R. App. P. 5). We informed appellants that if they did not comply no later than June 16, 2003, their appeal would be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3.

          Other than indicating they are paupers and unable to pay the appellate filing fee, appellants have not responded to our May 16, 2003 order. We, therefore, dismiss the appeal for want of jurisdiction.

 

PER CURIAM

Panel consists of Justices Taft, Jennings, and Hanks.

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