Court of Civil Appeals of Texas, 2024

Michael Jones v. Angel O. Torres, Jr.

Michael Jones v. Angel O. Torres, Jr.
Court of Civil Appeals of Texas · Decided December 4, 2024

Michael Jones v. Angel O. Torres, Jr.

Opinion

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

–2– 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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