Terry Denise Fitts v. Byron Keith Fitts and Corya D'Ann Fitts

• Court: Texas Court of Appeals, 2nd District (Fort Worth)
• Decided: March 26, 2026
• Docket: 02-26-00103-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-26-00103-CV ___________________________

TERRY DENISE FITTS, Appellant

V.

BYRON KEITH FITTS AND CORYA D’ANN FITTS, Appellees

On Appeal from the 141st District Court Tarrant County, Texas Trial Court No. 141-368597-25

Before Birdwell, Bassel, and Womack, JJ. Per Curiam Memorandum Opinion MEMORANDUM OPINION

Appellant Terry Denise Fitts, proceeding pro se, attempts to appeal the trial

court’s “Temporary Restraining Order.” We dismiss the appeal for want of jurisdiction.

We have jurisdiction to consider appeals only from final judgments and from

certain interlocutory orders made immediately appealable by statute. See Lehmann v.

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Tex. Civ. Prac. & Rem. Code

Ann. § 51.014(a) (listing appealable interlocutory orders). Without a final judgment or

an appealable interlocutory order, we lack jurisdiction over the appeal, and we must

dismiss it. See Lehmann, 39 S.W.3d at 195, 200. Temporary restraining orders are not

appealable. In re Abbott, 601 S.W.3d 802, 813 (Tex. 2020) (orig. proceeding).

On February 19, 2026, we notified Appellant of our concern that we lack

jurisdiction over this appeal because the trial court’s temporary restraining order does

not appear to be a final judgment or an appealable interlocutory order. We warned her

that unless she filed a response by March 2, 2026, showing grounds for continuing the

appeal, we could dismiss it for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.

Appellant did not file a response.

Because the trial court’s temporary restraining order is not a final judgment or

an appealable interlocutory order, we lack jurisdiction over this appeal. Accordingly,

we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).

Per Curiam

Delivered: March 26, 2026