IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________________ 

No. 20-50314

_______________________ 

D.C. Docket No. 1:20-CV-323

SOUTHWESTERN WOMEN'S SURGERY CENTER; BROOKSIDE 

WOMEN'S MEDICAL CENTER, P.A., doing business as Brookside Women's 

Health Center and Austin Women's Health Center; ROBIN WALLACE, M.D., 

M.A.S.; HOUSTON WOMEN'S CLINIC; PLANNED PARENTHOOD 

CENTER FOR CHOICE; PLANNED PARENTHOOD OF GREATER TEXAS 

SURGICAL HEALTH SERVICES; PLANNED PARENTHOOD SOUTH 

TEXAS SURGICAL CENTER; WHOLE WOMAN'S HEALTH; WHOLE 

WOMAN'S HEALTH ALLIANCE,

 Plaintiffs - Appellees

v.

GREG ABBOTT, GOVERNOR OF THE STATE OF TEXAS, in his official 

capacity; KEN PAXTON, in his official capacity as Attorney General of Texas; 

PHIL WILSON, in his official capacity as Acting Executive Commissioner of 

the Texas Health and Human Services Commission; STEPHEN BRINT 

CARLTON, in his official capacity as Executive Director of the Texas Medical 

Board; KATHERINE A. THOMAS, in her official capacity as the Executive 

Director of the Texas Board of Nursing,

 Defendants – Appellants

 Appeal from the United States District Court for the

 Western District of Texas

United States Court of Appeals

Fifth Circuit

FILED

April 20, 2020

Lyle W. Cayce

Clerk

 Case: 20-50314 Document: 00515388333 Page: 1 Date Filed: 04/20/2020

Case 1:20-cv-00323-LY Document 93 Filed 04/20/20 Page 1 of 5
Before DENNIS, ELROD, and DUNCAN, Circuit Judges.

J U D G M E N T 

This cause was considered on emergency motion to for stay. 

It is ordered and adjudged that the appeal is dismissed for lack of 

jurisdiction. 

 Case: 20-50314 Document: 00515388333 Page: 2 Date Filed: 04/20/2020

Case 1:20-cv-00323-LY Document 93 Filed 04/20/20 Page 2 of 5
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 20-50314

SOUTHWESTERN WOMEN'S SURGERY CENTER; BROOKSIDE 

WOMEN'S MEDICAL CENTER, P.A., doing business as Brookside Women's 

Health Center and Austin Women's Health Center; ROBIN WALLACE, M.D., 

M.A.S.; HOUSTON WOMEN'S CLINIC; PLANNED PARENTHOOD 

CENTER FOR CHOICE; PLANNED PARENTHOOD OF GREATER TEXAS 

SURGICAL HEALTH SERVICES; PLANNED PARENTHOOD SOUTH 

TEXAS SURGICAL CENTER; WHOLE WOMAN'S HEALTH; WHOLE 

WOMAN'S HEALTH ALLIANCE, 

 Plaintiffs - Appellees

v.

GREG ABBOTT, GOVERNOR OF THE STATE OF TEXAS, in his official 

capacity; KEN PAXTON, in his official capacity as Attorney General of Texas; 

PHIL WILSON, in his official capacity as Acting Executive Commissioner of 

the Texas Health and Human Services Commission; STEPHEN BRINT 

CARLTON, in his official capacity as Executive Director of the Texas Medical 

Board; KATHERINE A. THOMAS, in her official capacity as the Executive 

Director of the Texas Board of Nursing, 

 Defendants - Appellants

Appeal from the United States District Court for 

the Western District of Texas

USDC No. 1:20-CV-323 

United States Court of Appeals

Fifth Circuit

FILED

April 20, 2020

Lyle W. Cayce

Clerk

 Case: 20-50314 Document: 00515388334 Page: 1 Date Filed: 04/20/2020

Case 1:20-cv-00323-LY Document 93 Filed 04/20/20 Page 3 of 5
No. 20-50314

2

Before DENNIS, ELROD, and DUNCAN, Circuit Judges.

PER CURIAM:*

Defendants-Appellants appeal the order entered by the district court on 

April 9, 2020 and extended on April 14, 2020. Temporary restraining orders 

are not appealable; however, an order styled a temporary restraining order 

may be appealed if its “actual content, purport, and effect” is that of a 

preliminary injunction. Smith v. Grady, 411 F.2d 181, 186 (5th Cir. 1969); see 

also 28 U.S.C. § 1292. We conclude that the orders involved here are properly 

understood as an extended temporary restraining order and that we lack 

jurisdiction over the appeal. Accordingly, we DISMISS this appeal for want of 

jurisdiction and DENY AS MOOT the emergency motion to stay.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

 Case: 20-50314 Document: 00515388334 Page: 2 Date Filed: 04/20/2020

Case 1:20-cv-00323-LY Document 93 Filed 04/20/20 Page 4 of 5
United States Court of Appeals

FIFTH CIRCUIT

OFFICE OF THE CLERK

LYLE W. CAYCE

CLERK

TEL. 504-310-7700

600 S. MAESTRI PLACE, 

Suite 115

NEW ORLEANS, LA 70130

April 20, 2020

Ms. Jeannette Clack

Western District of Texas, Austin

United States District Court

501 W. 5th Street

Austin, TX 78701-0000

No. 20-50314 Planned Parenthood Center, et al v. Greg 

Abbott, Governor of TX, et al

USDC No. 1:20-CV-323

Dear Ms. Clack,

Enclosed is a copy of the judgment issued as the mandate and a 

copy of the court's opinion.

 Sincerely,

LYLE W. CAYCE, Clerk

 By: _________________________

 Peter A. Conners, Deputy Clerk

 504-310-7685

cc:

Mrs. Molly Rose Duane

Ms. Heather Gebelin Hacker

Mr. Kyle Douglas Hawkins

Ms. Julie A. Murray

Ms. Jennifer Sandman

Mr. Andre Segura

Ms. Rupali Sharma

Mr. Andrew Bowman Stephens

Ms. Hannah Swanson

Mrs. Natalie Deyo Thompson

Ms. Stephanie Toti

 Case: 20-50314 Document: 00515388338 Page: 1 Date Filed: 04/20/2020

Case 1:20-cv-00323-LY Document 93 Filed 04/20/20 Page 5 of 5