TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-20-00466-CV
Robert Joseph Yezak, Appellant
v.
Jeana A. Riley, Appellee
FROM THE 20TH DISTRICT COURT OF MILAM COUNTY
NO. CV40,354, THE HONORABLE JOHN YOUNGBLOOD, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Robert Joseph Yezak filed a notice of appeal from the trial court’s
September 1, 2020 order denying appellant’s request for a temporary restraining order. Upon
initial review, the Clerk of this Court sent Yezak a letter informing him that this Court appears to
lack jurisdiction over the appeal because our jurisdiction is limited to appeals in which there
exists a final or appealable judgment, or in the case of an interlocutory order, there is a statute
that provides for an interlocutory appeal. An order denying a request for temporary restraining
order is neither. See Tex. Civ. Prac. & Rem. Code § 51.012; Lehmann v. Har-Con Corp., 39
S.W.3d 191, 195 (Tex. 2001) (explaining that appeal generally may only be taken from final
judgment that disposes of all pending parties and claims in record unless statute provides for
interlocutory appeal); Stary v. DeBord, 967 S.W.2d 352, 352-53 (Tex. 1998) (“Appellate courts
have jurisdiction to consider immediate appeals of interlocutory orders only if a statute explicitly
provides appellate jurisdiction.”); see also Tex. Civ. Prac. & Rem. Code § 51.014 (specifically
permitting appeal of various interlocutory orders but not permitting appeal from grant or denial
of temporary restraining order). The Clerk requested a response on or before December 10,
2020, informing this Court of any basis that exists for jurisdiction. To date, no response has been
filed.
Accordingly, for the reasons explained above, we dismiss the appeal for want of
jurisdiction. See Tex. R. App. P. 42.3(a).
__________________________________________
Gisela D. Triana, Justice
Before Justices Goodwin, Triana, and Smith
Dismissed for Want of Jurisdiction
Filed: December 30, 2020
2