Rose L. McCullough v. Devon Energy Production, Company, LP--Appeal from 413th District Court of Johnson County

IN THE

TENTH COURT OF APPEALS

No. 10-08-00005-CV

rose mccullough,

Appellant

v.

devon energy production

company, l.p.,

Appellee

From the 413th District Court

Johnson County, Texas

Trial Court No. C2007000683

memorandum Opinion

Devon Energy Production Company, L.P. sued Rose McCullough, seeking declaratory and injunctive relief. Devon obtained a November 19, 2007 temporary restraining order against McCullough but, before seeking and obtaining a temporary injunction, nonsuited its case.[1] McCullough appeals.

McCullough appears to be appealing the TRO. The only other order in the record is the order granting Devon s nonsuit, which, ipso facto, McCullough cannot appeal.

A temporary restraining order is generally not appealable. See In re Nat. Resources Conservation Comm n, 85 S.W.3d 201, 205 (Tex. 2002). We therefore notified McCullough that unless she identified an appealable order or judgment and showed grounds for continuing the appeal, we would dismiss it for want of jurisdiction. She has filed a response, but it fails to identify an appealable order or to explain why the TRO in this case is appealable. Because the TRO entered on Devon s nonsuited petition is not appealable, we dismiss this appeal for want of jurisdiction.[2] See id.; Tex. R. App. P. 42.3(a).

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Dismissed

Opinion delivered and filed July 30, 2008

[CV06]

[1] McCullough filed a counterclaim after the filing of Devon s nonsuit; it thus was not pending at the time of the nonsuit. See BHP Petroleum Co. v. Millard, 800 S.W.2d 838, 840-41 (Tex. 1990); Tex. R. Civ. P. 96, 162.

[2] We also deny McCullough s many requests for appointment of counsel because of her indigence. There is no right to appointed counsel in a civil case such as this one. See Gibson v. Tolbert, 102 S.W.3d 710, 712-13 (Tex. 2003). All other pending motions are dismissed as moot.