Scott Fields v. City of Sherman, Texas, David Plyler, Zach Flores, and Alex Shivers

• Court: Court of Appeals of Texas
• Decided: March 19, 2019
• Docket: 05-18-01385-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed March 19, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01385-CV

SCOTT FIELDS, Appellant

V.

CITY OF SHERMAN, TEXAS, DAVID PLYLER, ZACH FLORES, AND ALEX SHIVERS, Appellees

On Appeal from the 59th Judicial District Court Grayson County, Texas Trial Court Cause No. CV-18-1686

MEMORANDUM OPINION Before Justices Brown, Schenck, and Pedersen, III Opinion by Justice Schenck

This is an appeal from the denial of a temporary restraining order. Because an order

denying a motion for a temporary restraining order is not appealable, we directed appellant to file

a letter brief addressing the Court’s jurisdiction. See Nikolouzos v. St. Luke’s Episcopal Hosp.,

162 S.W.3d 678, 680-81 (Tex. App.—Houston [14th Dist.] 2005, no pet.) (en banc) (noting that

appellate courts have jurisdiction to consider immediate appeals of interlocutory orders that do not

dispose of all issues and parties only if allowed by statute and no statute authorizes appeal from

denial of temporary restraining order). Appellant complied, but nothing in his letter demonstrates we have jurisdiction. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a);

Nikolouzos, 162 S.W.3d at 681.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

181385F.P05

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

SCOTT FIELDS, Appellant On Appeal from the 59th Judicial District Court, Grayson County, Texas No. 05-18-01385-CV V. Trial Court Cause No. CV-18-1686. Opinion delivered by Justice Schenck, CITY OF SHERMAN, TEXAS, DAVID Justices Brown and Pedersen, III PLYLER, ZACH FLORES, AND ALEX participating. SHIVERS, Appellees

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

Judgment entered this 19th day of March 2019.

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