Opinion
No. 11-18-00005-CV
02-15-2018
TERESA MARTIN, Appellant v. JAMES DAVID MITCHELL, Appellee
On Appeal from the 350th District Court Taylor County, Texas
Trial Court Cause No. 10194D
MEMORANDUM OPINION
Appellant, Teresa Martin, filed a pro se notice of appeal on January 8, 2018. Appellant indicated in her notice of appeal that she wished to appeal from a temporary restraining order that was issued in August 2014, and she requested that we grant her an out-of-time appeal. We dismiss this appeal.
When this case was docketed, the clerk of this court notified Appellant by letter that it did not appear that this court had jurisdiction over this appeal. We requested that Appellant file a response and show grounds to continue the appeal. Appellant has filed a response but has not shown grounds upon which this appeal may continue.
We first note that a temporary restraining order is not an appealable order. In re Office of Attorney Gen., 257 S.W.3d 695, 698 (Tex. 2008) (orig. proceeding). We next note that the temporary restraining order from which Appellant attempts to appeal has long since expired. In an order signed on October 1, 2014, the trial court specifically ruled that the August 2014 temporary restraining order "has expired." In that same order, the trial court denied James David Mitchell's request for a temporary injunction against Appellant. Thus, as of October 1, Appellant was no longer barred by the trial court's restraining order from pursuing an eviction against Mitchell. It is not clear what, if anything, has transpired in this case since October 2014.
Unless specifically authorized by statute, appeals may be taken only from final judgments. Tex. A & M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840-41 (Tex. 2007); Lehmann v. Har-Con Corp., 39 S.W.3d 191 (Tex. 2001). Appellant does not attempt to appeal from a final judgment, and she has not shown that there are grounds upon which we are authorized to proceed with this appeal. Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
The appeal is dismissed for want of jurisdiction.
PER CURIAM February 15, 2018 Panel consists of: Willson, J.,
Bailey, J., and Wright, S.C.J.
Jim R. Wright, Senior Chief Justice (Retired), Court of Appeals, 11th District of Texas at Eastland, sitting by assignment.