Arthur Rakowitz v. Bexar County Sheriffs Dept.Appeal from 166th Judicial District Court of Bexar County (memorandum opinion per curiam)

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Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00093-CV Arthur RAKOWITZ, Appellant v. Bexar County BEXAR COUNTY SHERIFFS DEPT., Appellee From the 166th Judicial District Court, Bexar County, Texas Trial Court No. 2013-CI-01314 Honorable Barbara Hanson Nellermoe, Judge Presiding PER CURIAM Sitting: Sandee Bryan Marion, Justice Marialyn Barnard, Justice Rebeca C. Martinez, Justice Delivered and Filed: June 5, 2013 DISMISSED FOR WANT OF JURISDICTION Appellant is appealing the trial court s denial of his application for a temporary restraining order based on a lack of jurisdiction. Appellate courts have jurisdiction over final judgments and interlocutory orders the Legislature deems appealable by statute. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex. App. El Paso 1997, no pet.). A party may appeal from an interlocutory order that grants or denies a temporary injunction or overrules a motion to dissolve a temporary injunction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West Supp. 2012). However, a temporary 04-13-00093-CV restraining order is generally not an appealable order. In re Tex. Natural Res. Conservation Comm n, 85 S.W.3d 201, 205 (Tex. 2002) (orig. proceeding); see also In re Newton, 146 S.W.3d 648, 652-53 (Tex. 2004) (orig. proceeding). Therefore, because it appeared we lack jurisdiction over this appeal, we ordered appellant to show cause in writing why this appeal should not be dismissed for lack of jurisdiction. Appellant did not respond; therefore, this appeal is dismissed for want of jurisdiction. PER CURIAM -2-

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