Narrative Opinion Summary
Solomon Lemuel Perry filed a pro se appeal regarding a temporary restraining order issued by the district court on July 17, 2017. The Texas Court of Appeals requested clarification on the jurisdictional basis for the appeal by August 28, 2017, warning Perry that failure to respond could lead to dismissal. No response was received from Perry. The court noted that appeals are typically limited to final judgments and certain interlocutory orders specified by the Texas Legislature. A temporary restraining order is generally not considered an appealable judgment, and no statute allows for an interlocutory appeal on such orders. After reviewing the case record, the court determined it lacked jurisdiction to proceed with the appeal and subsequently dismissed it. The dismissal was issued by Justice Bob Pemberton, with Chief Justice Rose and Justice Goodwin concurring, on November 2, 2017.
Legal Issues Addressed
Appealability of Temporary Restraining Orderssubscribe to see similar legal issues
Application: The court determined that a temporary restraining order is not an appealable judgment and dismissed the appeal due to lack of jurisdiction.
Reasoning: A temporary restraining order is generally not considered an appealable judgment, and no statute allows for an interlocutory appeal on such orders.
Failure to Respond to Jurisdictional Inquirysubscribe to see similar legal issues
Application: Perry's failure to respond to the court's inquiry about the jurisdictional basis for his appeal contributed to the dismissal of his appeal.
Reasoning: The Texas Court of Appeals requested clarification on the jurisdictional basis for the appeal by August 28, 2017, warning Perry that failure to respond could lead to dismissal. No response was received from Perry.
Jurisdiction of Appealssubscribe to see similar legal issues
Application: The court examined whether it had jurisdiction to entertain an appeal from a temporary restraining order.
Reasoning: The court noted that appeals are typically limited to final judgments and certain interlocutory orders specified by the Texas Legislature.