University of Texas at Austin v. Joscelin Yeo

• Court: Court of Appeals of Texas
• Decided: March 22, 2002
• Docket: 03-02-00144-CV
• Status: Published

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-02-00144-CV University of Texas, Appellant

v.

Joscelin Yeo, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 200TH JUDICIAL DISTRICT

NO. GN200916, HONORABLE PAUL DAVIS, JUDGE PRESIDING

PER CURIAM

The district court granted a temporary restraining order in favor of appellee Joscelin Yoe and has set a hearing on the temporary injunction for April 2, 2002. The appellant The University of Texas at Austin has filed a notice of appeal complaining about the district court's temporary restraining order. Generally, interlocutory orders are not appealable. However, in some instances, Texas statutes provide an appeal from certain interlocutory orders. ⁽¹⁾ See, e.g., Tex. Civ. Prac. & Rem. Code Ann. § 51.014 (West Supp. 2002); Civ. Prac. & Rem. Code Ann. § 171.098(a) (West Supp. 2002). No statutory provision provides that temporary restraining orders are appealable orders. Moreover, temporary restraining orders, unless extended, expire by operation of law after fourteen days. Tex. R. Civ. P. 680. Thus, we conclude that this temporary restraining order is not appealable. See Lesikar v. Rappeport, 899 S.W.2d 654, 655 (Tex. 1995); Ex Parte Tucci, 859 S.W.2d 1, 2 n.4 (Tex. 1993); Ohlhausen v. Thompson, 704 S.W.2d 434, 436 (Tex. App.--Houston [14th Dist.] 1986, no writ) (citing Arvol D. Hays Constr. Co. v. R & M Agency Corp., 471 S.W.2d 628, 629 (Tex. Civ. App.--Fort Worth 1971, writ ref'd n.r.e.)).

Because this Court is without jurisdiction, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 2, 42.3(a).

Before Chief Justice Aboussie, Justices Kidd and Onion^*

Dismissed For Want of Jurisdiction

Filed: March 22, 2002

Do Not Publish

^* Before John F. Onion, Jr., Presiding Judge (retired), Court of Criminal Appeals, sitting by assignment. See Tex. Gov't Code Ann. § 74.003(b) (West 1998).

1.   For instance, temporary injunctions are subject to an interlocutory appeal. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(4) (West Supp. 2002).