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Watson v. Bank of America

Court of Appeals of Texas, Fifth District, Dallas
May 7, 2004
No. 05-04-00262-CV (Tex. App. May. 7, 2004)

Opinion

No. 05-04-00262-CV.

Opinion Filed May 7, 2004.

On Appeal from the 116th Judicial District Court Dallas County, Texas, Trial Court Cause No. 04-01628-F.

Dismiss.

Before Justices WRIGHT, O'NEILL, and FRANCIS.


MEMORANDUM OPINION


On March 2, 2004, appellants gave notice of appeal of the trial court's order denying plaintiffs' motion for temporary restraining order. Because the Court can only review final judgments or interlocutory appeals authorized by statute, appellants were instructed to file a jurisdictional brief explaining the Court's jurisdiction to review an interlocutory order regarding the denial of a temporary restraining order. See Tex. Civ. Prac. Rem. Code Ann. § 51.014 (Vernon Supp. 2004); Jack B. Anglin Co. Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992).

In their jurisdictional brief, appellants refer to section 51.014 of the civil practice and remedies code and ask "this Court to take judicial notice of the fact that Temporary Restraining Orders (TRO's) are integral forms of Temporary Injunctions. As such, they are covered by said enabling statute." However, appellants are mistaken regarding the inclusion of temporary restraining orders as interlocutory orders eligible for judicial review. Section 51.014 states, in part, that a person may appeal an interlocutory order that "grants or refuses a temporary injunction or grants or overrules a motion to dissolve a temporary injunction as provided by Chapter 65." Section 51.014 does not authorize judicial review of the denial or granting of a temporary restraining order, which, if granted, can only restrain an action for up to 14 days. See Tex. R. Civ. P. 680.

The record filed in this case shows that appellants filed an "original petition and motion for temporary restraining order and temporary injunction." The trial court's order on appeal simply denies the temporary restraining order and does not address the request for temporary injunction.

Based on the record filed, the request for temporary injunction is still pending. Without a final judgment or an appealable interlocutory order, as authorized by statute, the Court is without jurisdiction to review.

On the Court's own motion, this appeal is DISMISSED for want of jurisdiction. See Tex.R.App.P. 42.3(a).


Summaries of

Watson v. Bank of America

Court of Appeals of Texas, Fifth District, Dallas
May 7, 2004
No. 05-04-00262-CV (Tex. App. May. 7, 2004)
Case details for

Watson v. Bank of America

Case Details

Full title:WILLIAM N. WATSON AND JAN WATSON, Appellants v. BANK OF AMERICA, N.A.…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: May 7, 2004

Citations

No. 05-04-00262-CV (Tex. App. May. 7, 2004)