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COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 2-07-350-CV
MICHAEL LOU GARRETT APPELLANT
V.
LARRY E. BERGER, TINA L. APPELLEES
CARROLL, TINA S. VITOLO,
TRACY M. KUTAVA, JERRI HAIR,
VIKKI D. WRIGHT, JOHN DOE #1,
JOHN DOE #2, JOSEPH C.
BOYLES, TOMMY L. NORWOOD,
ROCKY N. MOORE, E.C. WILLIAMS,
AND JAMIE L. BAKER
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FROM THE 30TH DISTRICT COURT OF WICHITA COUNTY
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MEMORANDUM OPINION[1]
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On October 15, 2007, appellant Michael Lou Garrett filed a notice of appeal in the trial court challenging the trial court=s interlocutory order denying his motion for a temporary restraining order. On October 24, 2007, we sent appellant a letter telling him that we may lack jurisdiction over the appeal and giving him until November 5, 2007 to file a response showing grounds for continuing the appeal. He filed a timely response, in which he contended that this court has jurisdiction over the appeal because by denying appellant=s motion for a temporary restraining order and refusing to set a hearing on the motion for temporary injunction, the trial court necessarily denied the motion for a temporary injunction.
A trial court=s interlocutory orders, such as the denial of a temporary restraining order, are generally not appealable absent statutory authorization; no statute permits the interlocutory appeal of the denial of a temporary restraining order unless such an appeal is agreed upon by the parties and approved by the trial court in a matter involving a controlling question of law from which an immediate appeal may materially advance the ultimate termination of litigation. See Tex. Civ. Prac. & Rem. Code Ann. ' 51.014(a), (d) (Vernon Supp. 2007). There is no such agreement here. Nor is the denial of appellant=s request for a temporary restraining order the type of order that in essence functions as a temporary injunction. See In re Tex. Natural Res. Conservation Comm'n, 85 S.W.3d 201, 205-06 (Tex. 2002). Because we have no statutory authorization to review the trial court=s interlocutory order denying appellant=s motion for a temporary restraining order, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f).
TERRIE LIVINGSTON
JUSTICE
PANEL D: LIVINGSTON, DAUPHINOT, and HOLMAN, JJ.
DELIVERED: January 3, 2008
[1]See Tex. R. App. P. 47.4.