Robert Lee Bates, Jr. v. Dallas County Tax Office, Parkland Hospital District, Dallas County Community College, Dallas County Equalization Fund, Dallas Independent School District, City of Dallas and Dallas County Sheriff

Dismissed and Opinion Filed October 22, 2021
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00727-CV
ROBERT LEE BATES, JR., Appellant
V.
DALLAS COUNTY TAX OFFICE, PARKLAND HOSPITAL DISTRICT,
DALLAS COUNTY COMMUNITY COLLEGE, DALLAS COUNTY
EQUALIZATION FUND, DALLAS INDEPENDENT SCHOOL DISTRICT,
CITY OF DALLAS, AND SHERIFF OF DALLAS COUNTY, Appellees
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. TX-20-00949
MEMORANDUM OPINION
Before Justices Molberg, Nowell, and Goldstein
Opinion by Justice Molberg
The underlying suit was filed by appellant in September 2020 and followed a
tax foreclosure judgment and order of sale of his property. The trial court dismissed
the suit on July 19, 2021 for failure to serve appellees. Appellant did not file a
motion for new trial, but two weeks after his suit was dismissed, he filed an
application for a temporary restraining order and injunction to stop the sale of his
property. The trial court denied the temporary restraining order on August 3, and on
August 25, appellant filed this appeal challenging both the order denying the
restraining order and dismissal.
An order denying a temporary restraining order, however, is not appealable
and does not confer jurisdiction on the Court. See Nikolouzos v. St. Luke’s Hosp.,
162 S.W.3d 678, 681 (Tex. App.—Houston [14th Dist.] 2005, no pet.). While an
order dismissing a suit is appealable, it confers jurisdiction on the Court only if the
appeal is timely filed. See Brashear v. Victoria Gardens of McKinney, L.L.C., 302
S.W.3d 542, 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of
notice of appeal is jurisdictional). When, as here, a motion for new trial is not filed,
the notice of appeal must be filed within thirty days of the date of judgment or, with
an extension motion that sets forth a reasonable explanation for the delay, no later
than fifteen days after that. See TEX. R. APP. P. 10.5(b), 26.1, 26.3. The notice of
appeal here was filed within the fifteen-day grace period but without an extension
motion.
On September 7, 2021, we directed appellant to file, within ten days, a motion
to extend time to file the notice of appeal as well as a letter brief explaining how we
have jurisdiction over the appeal from the order denying the temporary restraining
order. To date, however, appellant has not responded. Accordingly, because the
order denying the temporary restraining order is not appealable and no explanation
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for the delay in filing the notice of appeal has been provided, we dismiss the appeal.
See id. 42.3(a).
/Ken Molberg//
210727f.p05 KEN MOLBERG
JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ROBERT LEE BATES, JR., On Appeal from the 134th Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. TX-20-00949.
No. 05-21-00727-CV V. Opinion delivered by Justice
Molberg, Justices Nowell and
DALLAS COUNTY TAX OFFICE, Goldstein participating.
PARKLAND HOSPITAL
DISTRICT, DALLAS COUNTY
COMMUNITY COLLEGE,
DALLAS COUNTY
EQUALIZATION FUND, DALLAS
INDEPENDENT SCHOOL
DISTRICT, CITY OF DALLAS,
AND SHERIFF OF DALLAS
COUNTY, Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered this 22nd day of October, 2021.
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