Shawnervin T. Braggs v. Eric Matthew Songer ( 2019 )

Opinion issued April 18, 2019
In The
Court of Appeals
For The
First District of Texas
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NO. 01-18-00642-CV
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SHAWNERVIN T. BRAGGS, Appellant
V.
ERIC MATTHEW SONGER, Appellee
On Appeal from the 61st District Court
Harris County, Texas
Trial Court Case No. 2018-44238
MEMORANDUM OPINION
Appellant Shawnervin T. Braggs appeals from an order denying an
application for a temporary restraining order. We dismiss.
Appellate courts generally have jurisdiction to review final judgments. See
Jack B. Anglin v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). Appellate courts are
granted jurisdiction to consider appeals of interlocutory orders if a statute explicitly
provides jurisdiction. See Vo. v. Harris Cty. Toll Rd. Auth., No. 01–16–00976–CV,
2017 WL 1230595, at *1 (Tex. App.—Houston [1st Dist.] April 4, 2017, no pet.)
(citing Stary v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998)); TEX. CIV. PRAC. &
REM. CODE § 51.014. A court generally lacks jurisdiction over an appeal from denial
of a temporary restraining order unless the order actually denies a temporary
injunction. See Vo, 2017 WL 1230595, at *1. Here, the order clearly denies only a
request for a temporary restraining order.
This Court issued a notice to appellant advising him that we would dismiss
the appeal for want of jurisdiction unless he filed a response within 10 days,
establishing that this court had jurisdiction. See TEX. R. APP. P. 42.3. Appellant filed
no response.
Accordingly, we dismiss this appeal for lack of jurisdiction. See TEX. R. APP.
P. 42.3, 43.2(f). Any pending motions are dismissed as moot.
PER CURIAM
Panel consists of Justices Lloyd, Kelly, and Hightower.
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