Unreported / Non-Citable
Background
Edward Thompson Jr. sought to appeal the Denton County district court’s purported denials of his applications for a temporary restraining order and a temporary injunction. Thompson acknowledged in his notice of appeal that the trial court had not signed an order denying either request.
The record contained three proposed orders bearing brief typed notations in red ink, along with the judge’s typed name and a date. The court of appeals treated the proposed orders as unsigned because the notations did not comply with Texas Rule of Civil Procedure 21(f)(7)’s electronic-signature requirements. After the appellate court notified Thompson of the jurisdictional problem and gave him 20 days to establish grounds for continuing the appeal, he did not respond.
The Court’s Holding
The Second Court of Appeals dismissed the appeal for want of jurisdiction. Although Texas law authorizes an accelerated interlocutory appeal from a signed order refusing a temporary injunction, the record contained no signed order concerning Thompson’s requested temporary injunctive relief.
The court also explained that no statute generally authorizes an interlocutory appeal from the grant or denial of a temporary restraining order. Because the purported rulings on both forms of relief supplied no signed, appealable order—and a TRO denial is generally not independently appealable—the court lacked appellate jurisdiction.
Key Takeaways
- An interlocutory appeal from the denial of a temporary injunction requires a signed order.
- The grant or denial of a temporary restraining order is generally not appealable under Texas law.
- Typed notations that fail to satisfy Texas electronic-signature requirements do not convert unsigned proposed orders into appealable orders.
Why It Matters
The decision underscores that appellate jurisdiction over emergency injunctive relief depends on both the type of relief at issue and the existence of a properly signed order. A party cannot initiate an accelerated appeal from an informal notation or an unsigned proposed order.
Litigants seeking immediate appellate review should ensure that the trial court signs an order expressly granting or refusing a temporary injunction and should then file the notice of appeal within the applicable accelerated deadline.