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Calton v. Ekeke

Court of Appeals Ninth District of Texas at Beaumont
May 12, 2016
NO. 09-16-00092-CV (Tex. App. May. 12, 2016)

Opinion

NO. 09-16-00092-CV

05-12-2016

ALLEN F. CALTON, Appellant v. G. EKEKE, Appellee


On Appeal from the 58th District Court Jefferson County, Texas
Trial Cause No. A-198,064

MEMORANDUM OPINION

Appellant Allen F. Calton filed a notice of appeal of the trial court's denial of his "Motion for Preliminary Injunction." The clerk's record demonstrates that the initial relief requested was a temporary restraining order pending subsequent hearings on a temporary injunction and permanent mandatory injunctive relief, and the trial court treated the motion as an application for a temporary restraining order. On April 6, 2016, we notified Calton that his appeal was subject to dismissal because the notice of appeal neither stated that a final order had been signed nor identified an interlocutory order for which an appeal was available. In his response, Calton concedes he is appealing the denial of a temporary restraining order, but he argues the appeal may proceed as an appeal from the denial of a temporary injunction.

A temporary restraining order directs the conduct of a party pending imminent disposition of a request for a temporary injunction. See In re Tex. Nat. Res. Conservation Comm'n, 85 S.W.3d 201, 205 (Tex. 2002). An interlocutory order on an application for a temporary restraining order is generally not an appealable order. Rakowitz v. Bexar Cty. Sheriffs Dep't, No. 04-13-00093-CV, 2013 WL 2446725, at *1 (Tex. App—San Antonio June 5, 2013, no pet.) (mem. op.). Calton's response does not show grounds for continuing the appeal. This appeal is, therefore, dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a).

APPEAL DISMISSED.

/s/_________

CHARLES KREGER

Justice Submitted on May 11, 2016
Opinion Delivered May 12, 2016 Before McKeithen, C.J., Kreger and Johnson, JJ.


Summaries of

Calton v. Ekeke

Court of Appeals Ninth District of Texas at Beaumont
May 12, 2016
NO. 09-16-00092-CV (Tex. App. May. 12, 2016)
Case details for

Calton v. Ekeke

Case Details

Full title:ALLEN F. CALTON, Appellant v. G. EKEKE, Appellee

Court:Court of Appeals Ninth District of Texas at Beaumont

Date published: May 12, 2016

Citations

NO. 09-16-00092-CV (Tex. App. May. 12, 2016)