Theola Robinson and Benji's Special Education Academy, Inc v. Amegy Bank, N.A.

Opinion

Opinion issued February 21, 2013

In The Court of Appeals For The First District of Texas

NO. 01-13-00022-CV ____________

THEOLA ROBINSON AND BENJI’S SPECIAL EDUCATION ACADEMY, INC., Appellants

V.

AMEGY BANK, N.A., Appellee

On Appeal from the 129th District Court Harris County, Texas Trial Court Cause No. 2012-71297

MEMORANDUM OPINION

This is an attempted appeal from an order dissolving a temporary restraining

order. Appellee, Amegy Bank, N.A., filed a motion to dismiss the appeal for want

of jurisdiction on the grounds that an order dissolving a temporary restraining order

is not subject to interlocutory appeal. Generally, appeals may be taken only from final judgments. Lehmann v.

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be

appealed only if authorized by statute. Bally Total Fitness Corp. v. Jackson, 53

S.W.3d 352, 352 (Tex. 2001). The grant or denial of a temporary restraining order

is generally not appealable. See In re Texas Natural Res. Conservation Comm’n, 85

S.W.3d 201, 205 (Tex. 2002); Nikolouzos v. St. Luke’s Episcopal Hosp., 162

S.W.3d 678, 681 (Tex. App.—Houston [14th Dist.] 2005, no pet.). However, the

fact that an order is denominated a temporary restraining order is not determinative

of whether the ruling is appealable. Texas Natural Res. Conservation Comm’n, 85

S.W.3d at 205. “Whether an order is a non-appealable temporary restraining order

or an appealable temporary injunction depends on the order’s characteristics and

function, not its title.” Id.

The record in this case demonstrates that the initial relief requested was a

temporary restraining order pending a subsequent hearing on a temporary injunction

to be held on December 14, 2012. The order was entered on December 4, 2012 and

dissolved later that same day. Under these facts, the order at issue is a temporary

restraining order, not a temporary injunction. See Nikolouzos, 162 S.W.3d at 681

n.2. We do not have jurisdiction over the trial court’s order dissolving the

2 temporary restraining order. See In re Texas Natural Res. Conservation Comm’n,

85 S.W.3d at 205; Nikolouzos, 162 S.W.3d at 681.

Accordingly, we grant appellee’s motion and dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any other pending

motions as moot.

Panel consists of Justices Keyes, Sharp, and Huddle.