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Braggs v. Songer

Court of Appeals For The First District of Texas
Apr 18, 2019
NO. 01-18-00642-CV (Tex. App. Apr. 18, 2019)

Opinion

NO. 01-18-00642-CV

04-18-2019

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.


Summaries of

Braggs v. Songer

Court of Appeals For The First District of Texas
Apr 18, 2019
NO. 01-18-00642-CV (Tex. App. Apr. 18, 2019)
Case details for

Braggs v. Songer

Case Details

Full title:SHAWNERVIN T. BRAGGS, Appellant v. ERIC MATTHEW SONGER, Appellee

Court:Court of Appeals For The First District of Texas

Date published: Apr 18, 2019

Citations

NO. 01-18-00642-CV (Tex. App. Apr. 18, 2019)

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