Arthur Rakowitz v. Bexar County Sheriffs Dept.

Opinion

Fourth Court of Appeals San Antonio, Texas April 04, 2013

No. 04-13-00093-CV

Arthur RAKOWITZ, Appellant

v.

BEXAR COUNTY SHERIFFS DEPT., Appellee

From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-01314 Barbara Hanson Nellermoe, Judge Presiding

ORDER Appellant is appealing the trial court’s denial of his application for a temporary

restraining order based on a lack of jurisdiction. Appellate courts have jurisdiction over final

judgments and interlocutory orders the Legislature deems appealable by statute. Lehmann v.

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.

App.—El Paso 1997, no pet.). A party may appeal from an interlocutory order that grants or

denies a temporary injunction or overrules a motion to dissolve a temporary injunction. See TEX.

CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West Supp. 2012). However, a temporary

restraining order is generally not an appealable order. In re Tex. Natural Res. Conservation

Comm’n, 85 S.W.3d 201, 205 (Tex. 2002) (orig. proceeding); see also In re Newton, 146 S.W.3d

648, 652-53 (Tex. 2004) (orig. proceeding).

Because it appears we lack jurisdiction over this appeal, appellant is hereby ORDERED

to show cause in writing no later than May 6, 2013 why this appeal should not be dismissed for lack of jurisdiction. All other appellate deadlines are HELD IN ABEYANCE pending further

order of this court.

____________________________________ Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of April, 2013.

____________________________________ Keith E. Hottle, Clerk of Court MINUTES Court of Appeals Fourth Court of Appeals District San Antonio, Texas

April 04, 2013

From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-01314 Barbara Hanson Nellermoe, Judge Presiding

ORDER Appellant is appealing the trial court’s denial of his application for a temporary

restraining order based on a lack of jurisdiction. Appellate courts have jurisdiction over final

judgments and interlocutory orders the Legislature deems appealable by statute. Lehmann v.

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.

App.—El Paso 1997, no pet.). A party may appeal from an interlocutory order that grants or

denies a temporary injunction or overrules a motion to dissolve a temporary injunction. See TEX.

CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West Supp. 2012). However, a temporary

restraining order is generally not an appealable order. In re Tex. Natural Res. Conservation

Comm’n, 85 S.W.3d 201, 205 (Tex. 2002) (orig. proceeding); see also In re Newton, 146 S.W.3d

Because it appears we lack jurisdiction over this appeal, appellant is hereby ORDERED

to show cause in writing no later than May 6, 2013 why this appeal should not be dismissed for lack of jurisdiction. All other appellate deadlines are HELD IN ABEYANCE pending further

/s/ Sandee Bryan Marion Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 4th day of April, 2013.

/s/ Keith E. Hottle Keith E. Hottle, Clerk of Court

ENTERED THIS 4TH DAY OF April, 2013. Vol. ____ Page _____