James Frederick v. Sabine Frederick Appeal from County Court at Law No 5 of El Paso County (memorandum opinion)
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COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS JAMES FREDERICK, § No. 08-22-00144-CV § Appeal from the v. § County Court at Law No. 5 SABINE FREDERICK, § of El Paso County, Texas § (TC# 2021DCM7125) Appellant, Appellee. MEMORANDUM OPINION This appeal is before the Court on its own motion to determine whether the Court should dismiss the appeal for lack of jurisdiction. Finding there is no appealable order, we dismiss this appeal for lack of jurisdiction. Appellate James Frederick appeals from a trial court’s order granting Appellee Sabine Frederick a temporary restraining order pursuant to Texas Rule of Civil Procedure 680. The Clerk of the Court notified Appellant that it did not appear there was an appealable order or judgment and gave notice of the Court’s intent to dismiss for want of jurisdiction unless Appellant could show grounds to continue the appeal. Appellant’s response confirms he is appealing an order granting a temporary restraining order. Unless otherwise permitted by statute, appeals may only be had from final orders or judgments. Jack B. Anglin Co., Inc v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). A party may appeal from an interlocutory order that grants or denies a temporary injunction or overrules a motion to dissolve a temporary injunction. TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4). But there is not a statutory provision authorizing an appeal from the grant (or denial) of a temporary restraining order. Vidales v. JP Morgan Chace, N.A., No. 08-12-00195-CV, 2012 WL 3100842, at *1 (Tex. App.—El Paso July 31, 2012, no pet.) (mem. op., not designated for publication). Consequently, an order granting a temporary restraining order is generally not appealable. In re Newton, 146 S.W.3d 648, 652 (Tex. 2004) (stating “a temporary restraining order is generally not appealable . . .”). Because there is no statutory authorization permitting our review of a trial court’s interlocutory order denying a temporary restraining order, we dismiss this appeal for lack of jurisdiction. TEX. R. APP. P. 42.3(a). CONCLUSION For the foregoing reasons, this appeal is dismissed. GINA M. PALAFOX, Justice July 29, 2022 Before Rodriguez, C.J., Palafox, and Alley, JJ. 2
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