Tracy Nixon v. State

• Court: Court of Appeals of Texas
• Decided: February 3, 2017
• Docket: 05-16-01039-CV
• Status: Published

Opinion

Dismissed and Opinion Filed February 3, 2017

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01039-CV

IN THE INTEREST OF C.N. AND J.N., MINOR CHILDREN

On Appeal from the 301st Judicial District Court Dallas County, Texas Trial Court Cause No. DF-00-14691

MEMORANDUM OPINION Before Justices Bridges, Evans, and Schenck Opinion by Justice Bridges By notice of appeal filed August 26, 2016, appellant challenges the trial court’s August

23, 2016 order denying his application for a restraining order. Because the order did not appear

to be appealable, we directed appellant to file a letter brief addressing the Court’s jurisdiction

over the appeal. See Nikolouzos v. St. Luke’s Episcopal Hosp., 162 S.W.3d 678, 680 (Tex.

App.—Houston [14th Dist.] 2005, no pet.) (“While an interlocutory appeal from the grant or

denial of a temporary injunction is allowed, no statutory provision permits an appeal from a

temporary restraining order.”). We cautioned appellant that failure to comply could result in

dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(a),(c). More than ten

days have lapsed since we directed appellant to file the letter brief, and he has not responded. Because nothing in the record before us demonstrates our jurisdiction, we dismiss the appeal.

See id. 42.3(a); Nikolouzos, 162 S.W.3d at 680.

/David L. Bridges/ DAVID L. BRIDGES JUSTICE

161039F.P05

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

IN THE INTEREST OF C.N. AND J.N., On Appeal from the 301st Judicial District MINOR CHILDREN Court, Dallas County, Texas Trial Court Cause No. DF-00-14691. No. 05-16-01039-CV Opinion delivered by Justice Bridges. Justices Evans and Schenck participating.

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

Judgment entered this day of February 3, 2017.

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