Tracy Nixon v. State

Dismissed and Opinion Filed February 3, 2017
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-16-01039-CV
IN THE INTEREST OF C.N. AND J.N., MINOR CHILDREN
On Appeal from the 301st Judicial District Court
Dallas County, Texas
Trial Court Cause No. DF-00-14691
MEMORANDUM OPINION
Before Justices Bridges, Evans, and Schenck
Opinion by Justice Bridges
By notice of appeal filed August 26, 2016, appellant challenges the trial court’s August
23, 2016 order denying his application for a restraining order. Because the order did not appear
to be appealable, we directed appellant to file a letter brief addressing the Court’s jurisdiction
over the appeal. See Nikolouzos v. St. Luke’s Episcopal Hosp., 162 S.W.3d 678, 680 (Tex.
App.—Houston [14th Dist.] 2005, no pet.) (“While an interlocutory appeal from the grant or
denial of a temporary injunction is allowed, no statutory provision permits an appeal from a
temporary restraining order.”). We cautioned appellant that failure to comply could result in
dismissal of the appeal without further notice. See TEX. R. APP. P. 42.3(a),(c). More than ten
days have lapsed since we directed appellant to file the letter brief, and he has not responded.
Because nothing in the record before us demonstrates our jurisdiction, we dismiss the appeal.
See id. 42.3(a); Nikolouzos, 162 S.W.3d at 680.
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
161039F.P05
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
IN THE INTEREST OF C.N. AND J.N., On Appeal from the 301st Judicial District
MINOR CHILDREN Court, Dallas County, Texas
Trial Court Cause No. DF-00-14691.
No. 05-16-01039-CV Opinion delivered by Justice Bridges.
Justices Evans and Schenck participating.
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered this day of February 3, 2017.
–3–