Opinion
No. 02-07-350-CV
Delivered: January 3, 2008.
Appeal from the 30th District Court of Wichita County.
PANEL D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.
MEMORANDUM OPINION
See TEX. R. APP. P. 47.4.
On October 15, 2007, appellant Michael Lou Garrett filed a notice of appeal in the trial court challenging the trial court's interlocutory order denying his motion for a temporary restraining order. On October 24, 2007, we sent appellant a letter telling him that we may lack jurisdiction over the appeal and giving him until November 5, 2007 to file a response showing grounds for continuing the appeal. He filed a timely response, in which he contended that this court has jurisdiction over the appeal because by denying appellant's motion for a temporary restraining order and refusing to set a hearing on the motion for temporary injunction, the trial court necessarily denied the motion for a temporary injunction.
A trial court's interlocutory orders, such as the denial of a temporary restraining order, are generally not appealable absent statutory authorization; no statute permits the interlocutory appeal of the denial of a temporary restraining order unless such an appeal is agreed upon by the parties and approved by the trial court in a matter involving a controlling question of law from which an immediate appeal may materially advance the ultimate termination of litigation. See TEX. CIV. PRAC. REM. CODE ANN. § 51.014(a), (d) (Vernon Supp. 2007). There is no such agreement here. Nor is the denial of appellant's request for a temporary restraining order the type of order that in essence functions as a temporary injunction. See In re Tex. Natural Res. Conservation Comm'n, 85 S.W.3d 201, 205-06 (Tex. 2002). Because we have no statutory authorization to review the trial court's interlocutory order denying appellant's motion for a temporary restraining order, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).