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MEMORANDUM OPINION
No. 04-10-00108-CV
Antonio SALTON,
Appellant
v.
GMAC MORTGAGE LLC as Servicing Agent for the Bank of New York Trust Company, NA,
Appellee
From the 166th Judicial District Court, Bexar County, Texas
Trial Court No. 2009-CI-17819
Honorable David A. Berchelmann, Jr., Judge Presiding
PER CURIAM
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Sandee Bryan Marion, Justice
Delivered and Filed: March 24, 2010
DISMISSED FOR LACK OF JURISDICTION
Appellant filed a notice of appeal seeking to appeal an order dissolving a temporary
restraining order that was signed by the trial court on November 3, 2009. Orders relating to
temporary restraining orders are not generally appealable; however, such orders can be construed to
be orders relating to temporary injunctions in certain circumstances. In re Tex. Nat. Res. Conserv.
Comm’n, 85 S.W.3d 201, 205 (Tex. 2002). In such circumstances, however, the appeal of the order
would be accelerated, and the notice of appeal would be required to be filed within twenty days from
04-10-00108-CV
the date the trial court signed the order. TEX . CIV . PRAC. & REM . CODE § 51.014(a)(4); TEX . R. APP .
P. 26.1(b). Even assuming the order in the instant case could be construed as relating to a temporary
injunction, the order was signed on November 3, 2009; therefore, the notice of appeal was required
to have been filed no later than November 23, 2009. Appellant did not file his notice of appeal until
February 2, 2010.
This court ordered appellant to show cause in writing no later than March 4, 2010, why this
appeal should not be dismissed for lack of jurisdiction. Appellant responded, agreeing that the
appeal was untimely filed and stating his intention to file a petition for writ of mandamus. Because
the notice of appeal was untimely filed, this appeal is dismissed for lack of jurisdiction. Costs of the
appeal are taxed against appellant.
PER CURIAM
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