Opinion
No. 04-16-00005-CV
02-08-2016
IPSECURE, INC., and Jesse A. Rodriguez, Appellants v. James E. CARRALES, Appellee
From the 45th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-02257
Honorable Peter Sakai, Judge Presiding
ORDER
Appellant IPSecure, Inc. seeks to appeal the trial court's December 16, 2015 order extending the expiration date of a temporary injunction until the rescheduled trial date. On January 29, 2016, we issued an order directing appellant to show cause in writing why the appeal should not be dismissed for lack of jurisdiction. See In re Graybar Elec. Co., No. 13-08-00073-CV et al., 2008 WL 3970865, at *11-12 (Tex. App.—Corpus Christi-Edinburg Aug. 26, 2008, orig. proceeding) (mem. op.) (when the sole modification to a temporary injunction is to extend the date until a trial on the merits can be conducted, the modification is not substantive and the interlocutory order is not an appealable order); see also City of Lancaster v. Tex. Motor Transp. Ass'n, Inc., No. 05-05-00169-CV, 2005 WL 2303415 (Tex. App.—Dallas Sept. 22, 2005, no pet.) (mem. op); Ludewig v. Houston Pipeline Co., 737 S.W.2d 15, 16 (Tex. App.—Corpus Christi 1987, no writ).
Appellant and appellee filed a joint response stating that the trial court's December 16, 2015 order also denied appellant's motion to dissolve the temporary injunction and attached a copy of the appellant's request for dissolution filed in the trial court that was omitted from the clerk's record. Appellant has requested the motion for dissolution be included in a supplemental clerk's record. Accordingly, we conclude that the December 16, 2015 order is an appealable interlocutory order over which we have jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4). Therefore, it is ORDERED that this appeal is retained on the court's docket. It is FURTHER ORERED that the appellant's brief is due thirty (30) days after the date of this order.
In addition, the court has considered appellant's "Motion for Emergency Temporary Stay of Order Granting Plaintiff's Motion to Extend Deadlines of Order of Temporary Injunction," appellee's response, and appellant's reply, along with the parties' advisories to the court, and the motion is DENIED.
/s/_________
Rebeca C. Martinez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 8th day of February, 2016.
/s/_________
Keith E. Hottle
Clerk of Court