Willie Smith v. Midfirst Bank, ETC Etc, Justice of the Peace Precinct 1, Place 1, Etc.

• Court: Court of Appeals of Texas
• Decided: June 30, 2010
• Docket: 10-10-00192-CV
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-10-00192-CV

WILLIE SMITH, Appellant v.

MIDFIRST BANK, ETC ETC, JUSTICE OF THE PEACE PRECINCT 1, PLACE 1, ETC., Appellees

From the 40th District Court Ellis County, Texas Trial Court No. 80726

MEMORANDUM OPINION

Appellant Willie Smith is appealing the trial court’s denial of a temporary

restraining order. A court of appeals generally does not have jurisdiction of an appeal

from a denial of a temporary restraining order. See TEX. CIV. PRAC. & REM. CODE ANN. §

51.014 (Vernon 2008) (listing appealable interlocutory orders); McCullough v. Devon

Energy Prod. Co., L.P., No. 10-08-00005-CV, 2008 WL 2930602 (Tex. App.—Waco July 30,

2008, pet. dism’d w.o.j.) (dismissing appeal of temporary restraining order because it is

generally not appealable) (citing In re Nat. Resources Conservation Comm’n, 85 S.W.3d 201, 205 (Tex. 2002)).

We notified Appellant that his appeal might be dismissed for want of jurisdiction

unless he filed a response within 21 days showing grounds for continuing the appeal.

Appellant has not responded. This appeal is dismissed for want of jurisdiction.

REX D. DAVIS Justice

Before Chief Justice Gray, Justice Reyna, and Justice Davis Dismissed Opinion delivered and filed June 30, 2010 [CV06]

Smith v. Midfirst Bank Page 2