Michael Jones v. Angel O. Torres, Jr.

• Court: Court of Appeals of Texas
• Decided: December 4, 2024
• Docket: 05-24-00748-CV
• Status: Published

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.

–3–