Anthony P. Armstrong v. Bayville Holdings, LLC, Matthew E. Last, 24054910 Individually and Dba Cobb Martinez Woodward, PLLC ( 2022 )

DISMISS and Opinion Filed December 14, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00815-CV
ANTHONY P. ARMSTRONG, Appellant
V.
BAYVILLE HOLDINGS, LLC, MATTHEW E. LAST, SBN. 24054910
INDIVIDUALLY AND DBA COBB MARTINEZ WOODWARD, PLLC,
Appellees
On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-22-04461-D
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein
Opinion by Chief Justice Burns
It is well-settled that an appeal may only be taken from a final judgment that
disposes of all parties and claims or an interlocutory order as authorized by statute.
See Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992). Because
the appealed order here–an interlocutory order denying appellant’s emergency
application for a temporary restraining order–is not an order authorized by statute to
be appealed, we questioned our jurisdiction over the appeal and directed appellant
to file a letter brief addressing our concern. See Nikolouzos v. St. Luke’s Episcopal
Hosp., 162 S.W.3d 678, 680 (Tex. App.—Houston [14th Dist.] 2005, no pet.).
Although we cautioned appellant that failure to comply within ten days could result
in dismissal of the appeal without further notice, see TEX. R. APP. P. 42.3(a),(c), more
than ten days have passed and appellant has not complied. Accordingly, on the
record before us, we dismiss the appeal. See id. 42.3(a); Nikolouzos, 162 S.W.3d at
680.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220815F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ANTHONY P. ARMSTRONG, On Appeal from the County Court at
Appellant Law No. 4, Dallas County, Texas
Trial Court Cause No. CC-22-04461-
No. 05-22-00815-CV V. D.
Opinion delivered by Chief Justice
BAYVILLE HOLDINGS, LLC, Burns, Justices Pedersen, III and
MATTHEW E. LAST, SBN. Goldstein participating.
24054910 INDIVIDUALLY AND
DBA COBB MARTINEZ
WOODWARD, PLLC, Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered December 14, 2022
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