Theola Robinson and Benji's Special Education Academy, Inc v. Amegy Bank, N.A.

Opinion issued February 21, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-13-00022-CV
____________
THEOLA ROBINSON AND BENJI’S SPECIAL EDUCATION ACADEMY,
INC., Appellants
V.
AMEGY BANK, N.A., Appellee
On Appeal from the 129th District Court
Harris County, Texas
Trial Court Cause No. 2012-71297
MEMORANDUM OPINION
This is an attempted appeal from an order dissolving a temporary restraining
order. Appellee, Amegy Bank, N.A., filed a motion to dismiss the appeal for want
of jurisdiction on the grounds that an order dissolving a temporary restraining order
is not subject to interlocutory appeal.
Generally, appeals may be taken only from final judgments. Lehmann v.
Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be
appealed only if authorized by statute. Bally Total Fitness Corp. v. Jackson, 53
S.W.3d 352, 352 (Tex. 2001). The grant or denial of a temporary restraining order
is generally not appealable. See In re Texas Natural Res. Conservation Comm’n, 85
S.W.3d 201, 205 (Tex. 2002); Nikolouzos v. St. Luke’s Episcopal Hosp., 162
S.W.3d 678, 681 (Tex. App.—Houston [14th Dist.] 2005, no pet.). However, the
fact that an order is denominated a temporary restraining order is not determinative
of whether the ruling is appealable. Texas Natural Res. Conservation Comm’n, 85
S.W.3d at 205. “Whether an order is a non-appealable temporary restraining order
or an appealable temporary injunction depends on the order’s characteristics and
function, not its title.” Id.
The record in this case demonstrates that the initial relief requested was a
temporary restraining order pending a subsequent hearing on a temporary injunction
to be held on December 14, 2012. The order was entered on December 4, 2012 and
dissolved later that same day. Under these facts, the order at issue is a temporary
restraining order, not a temporary injunction. See Nikolouzos, 162 S.W.3d at 681
n.2. We do not have jurisdiction over the trial court’s order dissolving the
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temporary restraining order. See In re Texas Natural Res. Conservation Comm’n,
85 S.W.3d at 205; Nikolouzos, 162 S.W.3d at 681.
Accordingly, we grant appellee’s motion and dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any other pending
motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Sharp, and Huddle.
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