Opinion
NO. 01-16-00976-CV
04-04-2017
THIEN AN VO, Appellant v. HARRIS COUNTY TOLL ROAD AUTHORITY, Appellee
On Appeal from the County Civil Court at Law No. 3 Harris County, Texas
Trial Court Case No. 1085858
MEMORANDUM OPINION
Appellant, Thien An Vo, attempts to appeal from the trial court's November 30, 2016 order denying Vo's emergency motion for a temporary restraining order. We dismiss.
Generally, a Texas appellate court has jurisdiction to hear only an appeal from a final judgment. Jack B. Anglin Co. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). However, appellate courts have jurisdiction to consider immediate appeals of interlocutory orders if a statute explicitly provides appellate jurisdiction. Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998); New York Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677, 679 (Tex. 1990); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014 (West Supp. 2016) (statutory list of appealable interlocutory orders). 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.
We notified appellant that her appeal might be dismissed for want of jurisdiction unless she filed a response showing how this Court had jurisdiction over the appeal. Appellant filed a response arguing that she is not appealing the denial of a temporary restraining order but rather the denial of a temporary injunction. Appellant also states that the trial court verbally ruled on the temporary injunction on November 30, 2016 in chambers and that this ruling was communicated to appellant through a third party.
The record reflects that the trial court denied the emergency temporary restraining order at the November 30 hearing and issued an order on the same day. The trial court further stated at the hearing that it would hear appellant's additional arguments at a final trial. Thus, contrary to appellant's statement, nothing in the record reflects that the trial court overruled appellant's request for a temporary injunction. The record contains no final judgment, but rather an interlocutory order denying appellant's temporary restraining order.
This appeal is therefore dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3. We dismiss any pending motions as moot.
PER CURIAM Panel consists of Chief Justice Radack and Justices Brown and Lloyd.