Chris Noel Carlin v. Bexar County Bexar County Judge Nelson W. Wolff, in His Official Capacity as Bexar County Judge Judge Ron Rangel, Local Criminal Court Administrative Judge, Bexar County, Texas, in His Official Capacity as Local Criminal Court Administrative Judge of Bexar County And Judge Rosie Alvarado, Local Administrative Judge, Bexar County, Texas, in Her Official Capacity as Local Administrative Judge of Bexar County ( 2022 )


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  •                              Fourth Court of Appeals
    San Antonio, Texas
    February 15, 2022
    No. 04-22-00069-CV
    Chris Noel CARLIN,
    Appellant
    v.
    BEXAR COUNTY; Bexar County Judge Nelson W. Wolff, in his Official Capacity as Bexar
    County Judge; Judge Ron Rangel, Local Criminal Court Administrative Judge, Bexar County,
    Texas, in his Official Capacity as Local Criminal Court Administrative Judge of Bexar County;
    and Judge Rosie Alvarado, Local Administrative Judge, Bexar County, Texas, in her Official
    Capacity as Local Administrative Judge of Bexar County,
    Appellees
    From the 45th Judicial District Court, Bexar County, Texas
    Trial Court No. 2021CI10840
    Honorable Aaron Haas, Judge Presiding
    ORDER
    On June 1, 2021, appellant filed his original petition in the trial court. The clerk’s record
    reflects appellees have not to date appeared in the trial court. On January 27, 2022, appellant
    filed an amended application for an ex parte temporary restraining order. On February 2, 2022,
    the trial court signed an order denying the application for an ex parte temporary restraining order
    “because the Court is of the belief that it does not have the authority to grant the relief sought.”
    The following day, appellant filed a notice of appeal.
    Appellate courts do not have jurisdiction over interlocutory appeals in the absence of a
    statutory provision permitting such an appeal. CMH Homes v. Perez, 
    340 S.W.3d 444
    , 447 (Tex.
    2011); Tex. A & M Univ. Sys. v. Koseoglu, 
    233 S.W.3d 835
    , 840 (Tex. 2007). Although section
    51.014 of the Texas Civil Practice and Remedies Code authorizes interlocutory appeals of
    denials of temporary injunctions, “[a] temporary restraining order is generally not appealable.” In
    re Tex. Nat. Res. Conservation Comm’n, 
    85 S.W.3d 201
    , 205 (Tex. 2002) (citing Del Valle
    Indep. Sch. Dist. v. Lopez, 
    845 S.W.2d 808
    , 809 (Tex. 1992)). We therefore ORDER appellant to
    show cause no later than February 25, 2022 why this appeal should not be dismissed for lack
    of jurisdiction. All appellate deadlines are suspended pending further order of this court.
    _________________________________
    Lori I. Valenzuela, Justice
    IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
    court on this 15th day of February, 2022.
    ___________________________________
    MICHAEL A. CRUZ, Clerk of Court
    

Document Info

Docket Number: 04-22-00069-CV

Filed Date: 2/15/2022

Precedential Status: Precedential

Modified Date: 2/22/2022