Fourth Court of Appeals

San Antonio, Texas

April 04, 2013

No. 04-13-00093-CV

Arthur RAKOWITZ,

Appellant

v.

BEXAR COUNTY SHERIFFS DEPT.,

Appellee

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2013-CI-01314

Barbara Hanson Nellermoe, Judge Presiding

ORDER

Appellant is appealing the trial court’s denial of his application for a temporary 

restraining order based on a lack of jurisdiction. Appellate courts have jurisdiction over final 

judgments and interlocutory orders the Legislature deems appealable by statute. Lehmann v. 

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.

App.—El Paso 1997, no pet.). A party may appeal from an interlocutory order that grants or 

denies a temporary injunction or overrules a motion to dissolve a temporary injunction. See TEX.

CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West Supp. 2012). However, a temporary 

restraining order is generally not an appealable order. In re Tex. Natural Res. Conservation 

Comm’n, 85 S.W.3d 201, 205 (Tex. 2002) (orig. proceeding); see also In re Newton, 146 S.W.3d 

648, 652-53 (Tex. 2004) (orig. proceeding). 

Because it appears we lack jurisdiction over this appeal, appellant is hereby ORDERED 

to show cause in writing no later than May 6, 2013 why this appeal should not be dismissed for 
lack of jurisdiction. All other appellate deadlines are HELD IN ABEYANCE pending further 

order of this court.

____________________________________

Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 4th day of April, 2013.

 ____________________________________

Keith E. Hottle, Clerk of Court
MINUTES

Court of Appeals

Fourth Court of Appeals District

San Antonio, Texas

April 04, 2013

No. 04-13-00093-CV

Arthur RAKOWITZ,

Appellant

v.

BEXAR COUNTY SHERIFFS DEPT.,

Appellee

From the 166th Judicial District Court, Bexar County, Texas

Trial Court No. 2013-CI-01314

Barbara Hanson Nellermoe, Judge Presiding

ORDER

Appellant is appealing the trial court’s denial of his application for a temporary 

restraining order based on a lack of jurisdiction. Appellate courts have jurisdiction over final 

judgments and interlocutory orders the Legislature deems appealable by statute. Lehmann v. 

Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Ruiz v. Ruiz, 946 S.W.2d 123, 124 (Tex.

App.—El Paso 1997, no pet.). A party may appeal from an interlocutory order that grants or 

denies a temporary injunction or overrules a motion to dissolve a temporary injunction. See TEX.

CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West Supp. 2012). However, a temporary 

restraining order is generally not an appealable order. In re Tex. Natural Res. Conservation 

Comm’n, 85 S.W.3d 201, 205 (Tex. 2002) (orig. proceeding); see also In re Newton, 146 S.W.3d 

648, 652-53 (Tex. 2004) (orig. proceeding). 

Because it appears we lack jurisdiction over this appeal, appellant is hereby ORDERED 

to show cause in writing no later than May 6, 2013 why this appeal should not be dismissed for 
lack of jurisdiction. All other appellate deadlines are HELD IN ABEYANCE pending further 

order of this court.

/s/ Sandee Bryan Marion

Sandee Bryan Marion, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 4th day of April, 2013.

 /s/ Keith E. Hottle

Keith E. Hottle, Clerk of Court

ENTERED THIS 4TH DAY OF April, 2013.

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