Opinion issued May 6, 2014
In The
Court of Appeals
For The
First District of Texas
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NO. 01-13-00420-CV
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DEBRA JANE HUETT, B.A., Appellant
V.
ROBERTA LLOYD, Appellee
On Appeal from the 295th District Court
Harris County, Texas
Trial Court Case No. 2012-42923
MEMORANDUM OPINION
Appellant, Debra Jane Huett, attempts to bring a restricted appeal from an
interlocutory order denying her request for a temporary injunction. On December
12, 2012, the trial court entered an order denying Huett’s motion for a temporary
injunction. On May 16, 2013, Huett filed a notice of appeal seeking a restricted
appeal of the trial court’s order. We dismiss the appeal.
Generally speaking, appellate courts only have jurisdiction over appeals
from final judgments. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex.
2001); N.E. Indep. Sch. Dist. v. Aldridge, 400 S.W.2d 893, 895 (Tex. 1966). Texas
appellate courts only have jurisdiction to immediately consider appeals from
interlocutory orders if a statute explicitly provides appellate jurisdiction. See Stary
v. DeBord, 967 S.W.2d 352, 352–53 (Tex. 1998). There is no statutory authority,
however, for judicial review of an interlocutory order by restricted appeal. See
Standifer v. Cepeda, No. 05-05-00725-CV, 2005 WL 2212291, at *2 (Tex. App.—
Dallas Sept. 13, 2005, no pet.) (dismissing restricted appeal of interlocutory order
for want of jurisdiction); Federated Mut. Ins. Co. v. Davenport, 85 S.W.3d 837,
838 (Tex. App.—Waco 2002, no pet.) (same); Dispensa v. Univ. State Bank, 951
S.W.2d 797, 799 (Tex. App.—Texarkana 1997, pet. denied) (same). Therefore, we
have no jurisdiction over this attempted appeal.
Moreover, on May 29, 2013, the trial court granted appellee’s motion for
summary judgment, thereby rendering a final judgment in the case. If a trial court
renders a final judgment while an appeal from its grant or denial of a temporary
injunction is pending, then an appeal of the ruling on the injunctive relief becomes
moot and must be dismissed. See Isuani v. Manske-Sheffield Radiology Group,
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P.A., 802 S.W.2d 235, 236 (Tex. 1991). Thus, Huett’s appeal of the order denying
her motion for a temporary injunction was rendered moot by the trial court’s final
judgment in the case.
On July 16, 2013, we informed Huett that her appeal would be dismissed for
want of jurisdiction unless she filed a response demonstrating that this Court has
jurisdiction over this appeal. Huett failed to file an adequate response. See TEX. R.
APP. P. 42.3(c).
Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R.
APP. P. 42.3(a); 43.2(f). We dismiss any pending motions as moot.
PER CURIAM
Panel consists of Justices Keyes, Bland, and Brown.
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