Robert Lee Bates, Jr. v. Dallas County Tax Office, Parkland Hospital District, Dallas County Community College, Dallas County Equalization Fund, Dallas Independent School District, City of Dallas and Dallas County Sheriff ( 2021 )


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  • Dismissed and Opinion Filed October 22, 2021
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-21-00727-CV
    ROBERT LEE BATES, JR., Appellant
    V.
    DALLAS COUNTY TAX OFFICE, PARKLAND HOSPITAL DISTRICT,
    DALLAS COUNTY COMMUNITY COLLEGE, DALLAS COUNTY
    EQUALIZATION FUND, DALLAS INDEPENDENT SCHOOL DISTRICT,
    CITY OF DALLAS, AND SHERIFF OF DALLAS COUNTY, Appellees
    On Appeal from the 134th Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. TX-20-00949
    MEMORANDUM OPINION
    Before Justices Molberg, Nowell, and Goldstein
    Opinion by Justice Molberg
    The underlying suit was filed by appellant in September 2020 and followed a
    tax foreclosure judgment and order of sale of his property. The trial court dismissed
    the suit on July 19, 2021 for failure to serve appellees. Appellant did not file a
    motion for new trial, but two weeks after his suit was dismissed, he filed an
    application for a temporary restraining order and injunction to stop the sale of his
    property. The trial court denied the temporary restraining order on August 3, and on
    August 25, appellant filed this appeal challenging both the order denying the
    restraining order and dismissal.
    An order denying a temporary restraining order, however, is not appealable
    and does not confer jurisdiction on the Court. See Nikolouzos v. St. Luke’s Hosp.,
    
    162 S.W.3d 678
    , 681 (Tex. App.—Houston [14th Dist.] 2005, no pet.). While an
    order dismissing a suit is appealable, it confers jurisdiction on the Court only if the
    appeal is timely filed. See Brashear v. Victoria Gardens of McKinney, L.L.C., 
    302 S.W.3d 542
    , 545 (Tex. App.—Dallas 2009, no pet.) (op. on reh’g) (timely filing of
    notice of appeal is jurisdictional). When, as here, a motion for new trial is not filed,
    the notice of appeal must be filed within thirty days of the date of judgment or, with
    an extension motion that sets forth a reasonable explanation for the delay, no later
    than fifteen days after that. See TEX. R. APP. P. 10.5(b), 26.1, 26.3. The notice of
    appeal here was filed within the fifteen-day grace period but without an extension
    motion.
    On September 7, 2021, we directed appellant to file, within ten days, a motion
    to extend time to file the notice of appeal as well as a letter brief explaining how we
    have jurisdiction over the appeal from the order denying the temporary restraining
    order. To date, however, appellant has not responded. Accordingly, because the
    order denying the temporary restraining order is not appealable and no explanation
    –2–
    for the delay in filing the notice of appeal has been provided, we dismiss the appeal.
    See id. 42.3(a).
    /Ken Molberg//
    210727f.p05                                KEN MOLBERG
    JUSTICE
    –3–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    ROBERT LEE BATES, JR.,                      On Appeal from the 134th Judicial
    Appellant                                   District Court, Dallas County, Texas
    Trial Court Cause No. TX-20-00949.
    No. 05-21-00727-CV          V.              Opinion delivered by Justice
    Molberg, Justices Nowell and
    DALLAS COUNTY TAX OFFICE,                   Goldstein participating.
    PARKLAND HOSPITAL
    DISTRICT, DALLAS COUNTY
    COMMUNITY COLLEGE,
    DALLAS COUNTY
    EQUALIZATION FUND, DALLAS
    INDEPENDENT SCHOOL
    DISTRICT, CITY OF DALLAS,
    AND SHERIFF OF DALLAS
    COUNTY, Appellees
    In accordance with this Court’s opinion of this date, we DISMISS the appeal.
    Judgment entered this 22nd day of October, 2021.
    –4–
    

Document Info

Docket Number: 05-21-00727-CV

Filed Date: 10/22/2021

Precedential Status: Precedential

Modified Date: 10/27/2021