Willie Smith v. Midfirst Bank, ETC etc, Justice of the Peace Precinct 1, Place 1, etc.--Appeal from 40th District Court of Ellis County

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IN THE TENTH COURT OF APPEALS No. 10-10-00192-CV WILLIE SMITH, Appellant v. MIDFIRST BANK, ETC ETC, JUSTICE OF THE PEACE PRECINCT 1, PLACE 1, ETC., Appellees From the 40th District Court Ellis County, Texas Trial Court No. 80726 MEMORANDUM OPINION Appellant Willie Smith is appealing the trial court s denial of a temporary restraining order. 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 (Vernon 2008) (listing appealable interlocutory orders); McCullough v. Devon Energy Prod. Co., L.P., No. 10-08-00005-CV, 2008 WL 2930602 (Tex. App. Waco July 30, 2008, pet. dism d w.o.j.) (dismissing appeal of temporary restraining order because it is generally not appealable) (citing In re Nat. Resources Conservation Comm n, 85 S.W.3d 201, 205 (Tex. 2002)). We notified Appellant that his appeal might be dismissed for want of jurisdiction unless he filed a response within 21 days showing grounds for continuing the appeal. Appellant has not responded. This appeal is dismissed for want of jurisdiction. REX D. DAVIS Justice Before Chief Justice Gray, Justice Reyna, and Justice Davis Dismissed Opinion delivered and filed June 30, 2010 [CV06] Smith v. Midfirst Bank Page 2

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