Anthony P. Armstrong v. Bayville Holdings, LLC, Matthew E. Last, 24054910 Individually and Dba Cobb Martinez Woodward, PLLC

• Court: Court of Appeals of Texas
• Decided: December 14, 2022
• Docket: 05-22-00815-CV
• Status: Published

Opinion

DISMISS and Opinion Filed December 14, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00815-CV

ANTHONY P. ARMSTRONG, Appellant V. BAYVILLE HOLDINGS, LLC, MATTHEW E. LAST, SBN. 24054910 INDIVIDUALLY AND DBA COBB MARTINEZ WOODWARD, PLLC, Appellees

On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-22-04461-D

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns It is well-settled that an appeal may only be taken from a final judgment that

disposes of all parties and claims or an interlocutory order as authorized by statute.

See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). Because

the appealed order here–an interlocutory order denying appellant’s emergency

application for a temporary restraining order–is not an order authorized by statute to

be appealed, we questioned our jurisdiction over the appeal and directed appellant

to file a letter brief addressing our concern. See Nikolouzos v. St. Luke’s Episcopal

Hosp., 162 S.W.3d 678, 680 (Tex. App.—Houston [14th Dist.] 2005, no pet.). Although we cautioned appellant that failure to comply within ten days could result

in dismissal of the appeal without further notice, see TEX. R. APP. P. 42.3(a),(c), more

than ten days have passed and appellant has not complied. Accordingly, on the

record before us, we dismiss the appeal. See id. 42.3(a); Nikolouzos, 162 S.W.3d at

680.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 220815F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ANTHONY P. ARMSTRONG, On Appeal from the County Court at Appellant Law No. 4, Dallas County, Texas Trial Court Cause No. CC-22-04461- No. 05-22-00815-CV V. D. Opinion delivered by Chief Justice BAYVILLE HOLDINGS, LLC, Burns, Justices Pedersen, III and MATTHEW E. LAST, SBN. Goldstein participating. 24054910 INDIVIDUALLY AND DBA COBB MARTINEZ WOODWARD, PLLC, Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered December 14, 2022

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