Court of Civil Appeals of Texas, 2020

Michael Barron and Donald Little v. Francis Shaw, Doyle Shaw, John Nanny, Pete Barrera, Mary Aguilar, John Aguilar, Michelle Martin, Orvel Harvey, Glenda Kay Kuykendall, Nola Kay Braumann, Beverly McGuire, Tobey Martin, Pat Halfmann, Melanie Spratt, and John Doe(S) 1-40

Michael Barron and Donald Little v. Francis Shaw, Doyle Shaw, John Nanny, Pete Barrera, Mary Aguilar, John Aguilar, Michelle Martin, Orvel Harvey, Glenda Kay Kuykendall, Nola Kay Braumann, Beverly McGuire, Tobey Martin, Pat Halfmann, Melanie Spratt, and John Doe(S) 1-40
Court of Civil Appeals of Texas · Decided March 13, 2020

Michael Barron and Donald Little v. Francis Shaw, Doyle Shaw, John Nanny, Pete Barrera, Mary Aguilar, John Aguilar, Michelle Martin, Orvel Harvey, Glenda Kay Kuykendall, Nola Kay Braumann, Beverly McGuire, Tobey Martin, Pat Halfmann, Melanie Spratt, and John Doe(S) 1-40

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-19-00929-CV

Michael Barron and Donald Little, Appellants v. Francis Shaw, Doyle Shaw, John Nanny, Pete Barrera, Mary Aguilar, John Aguilar, Michelle Martin, Orvel Harvey, Glenda Kuykendall, Nola Kay Braumann, Beverly McGuire, Tobey Martin, Pat Halfmann, Melanie Spratt, and John Doe(s) 1-40, Appellees

FROM THE 51ST DISTRICT COURT OF IRION COUNTY NO. CV19-017, THE HONORABLE CARMEN DUSEK, JUDGE PRESIDING

MEMORANDUM OPINION

Appellants Michael Barron and Donald Little filed this interlocutory appeal from an order denying a temporary injunction in the underlying cause. See Tex. Civ. Prac. & Rem.

Code § 51.014(a)(4) (authorizing interlocutory appeal from order granting temporary injunction).

However, the clerk’s record contains an order signed by the district court on February 10, 2020 dismissing the underlying cause with prejudice and incorporating by reference the terms of a settlement that were agreed upon by the parties. Without an appealable order, we may not exercise appellate jurisdiction. See id. § 51.014; Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).

On March 2, 2020, this Court requested that appellants file a written response demonstrating this Court’s jurisdiction over their appeal. No response was filed. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

__________________________________________ Gisela D. Triana, Justice Before Chief Justice Rose, Justices Baker and Triana Dismissed for Want of Jurisdiction Filed: March 13, 2020

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