COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
DAVID REYES AND SONIA §
VALENZUELA, No. 08-14-00080-CV
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APPELLANTS, Appeal from the
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V. 346th District Court
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ANNETTE BURRUS, of El Paso County, Texas
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APPELLEE. (TC# 2012-DCV-03532)
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MEMORANDUM OPINION
This appeal is before the Court to determine whether it should be dismissed for want of
jurisdiction. David Reyes and Sonia Valenzuela filed a notice of appeal from an order granting
Appellee’s request for a temporary injunction purportedly entered on February 12, 2014, but the
clerk’s record does not include a written temporary injunction and the trial court clerk has
informed the Court that a written order has not been entered by the trial court. Finding that the
record does not contain a final judgment or an appealable order, we dismiss the appeal for want
of jurisdiction.
Generally, this Court’s appellate jurisdiction is limited to reviewing a final judgment.
Ogletree v. Matthews, 262 S.W.3d 316, 319 n.1 (Tex. 2007); Lehmann v. Har-Con Corporation,
39 S.W.3d 191, 195 (Tex. 2001); Cantu Services, Inc. v. United Freedom Associates, Inc., 329
S.W.3d 58, 62 (Tex.App.--El Paso 2010, no pet.). We may also review interlocutory orders
when authorized by statute. See TEX.CIV.PRAC.&REM.CODE ANN. § 51.014 (West Supp. 2013);
Bally Total Fitness Corporation v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001). An interlocutory
order granting a temporary injunction is appealable. TEX.CIV.PRAC.&REM.CODE ANN.
§ 51.014(a)(4).
In an order entered on March 17, 2014, we notified Appellants that the record did not
include a written temporary injunction so the Court would treat their notice of appeal as
premature. The order provided that the appeal would remain pending to give the trial court an
opportunity to enter a written temporary injunction in compliance with TEX.R.CIV.P. 683, but the
appeal would be dismissed for want of jurisdiction without further notice if a written temporary
injunction order was not entered by April 17, 2014. The trial court clerk has not filed a
supplemental clerk’s record containing a written temporary injunction and Appellants have not
advised the Court that an order has been entered. Accordingly, we dismiss the appeal for want of
jurisdiction because the trial court has not entered a final judgment or an appealable order. In the
event the trial court enters a written temporary injunction following the dismissal of this appeal,
the appellate timetable will commence on the date the order is signed and a party may pursue an
appeal from the order.
May 14, 2014
YVONNE T. RODRIGUEZ, Justice
Before McClure, C.J., Rivera, and Rodriguez, JJ.
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