Adrian Booker v. Anissa Mahmoudi

• Court: Court of Appeals of Texas
• Decided: December 4, 2018
• Docket: 05-18-01054-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed December 4, 2018.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-01054-CV

ADRIAN BOOKER AND NICOLE SMITH, Appellants V. ANISSA MAHMOUDI, Appellee

On Appeal from the County Court at Law No. 3 Collin County, Texas Trial Court Cause No. 003-01795-2018

MEMORANDUM OPINION Before Justices Bridges, Francis, and Lang-Miers Opinion by Justice Lang-Miers By letter dated November 13, 2018, the Court questioned its jurisdiction over this appeal

because there did not appear to be a final judgment or other appealable order. We instructed

appellants to file, by November 26, 2018, a letter brief addressing this Court’s jurisdiction and

cautioned them that failure to comply may result in dismissal of the appeal without further

notice. As of today’s date, appellants have not complied.

This Court has jurisdiction over final judgments and certain interlocutory orders as

permitted by statute. See Lehmann v. Har–Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); TEX.

CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders). Appellants

appeal from the trial court’s August 30, 2018 “Order Granting Collin County Clerk’s Office’s

Motion to Quash Subpoena Application, Issuance of Protective Order, and Order for Reimbursement for Attorney’s Fees.” The challenged order is neither a final judgment disposing

of all claims and parties nor an appealable interlocutory order. See id. For this reason, this Court

lacks jurisdiction over this appeal.

We dismiss the appeal. See TEX. R. APP. P. 42.3(a).

/Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE

181054F.P05

–2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT

ADRIAN BOOKER AND On Appeal from the County Court at Law NICOLE SMITH, Appellants No. 3, Collin County, Texas Trial Court Cause No. 003-01795-2018. No. 05-18-01054-CV V. Opinion delivered by Justice Lang-Miers. Justices Bridges and Francis participating. ANISSA MAHMOUDI, Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee ANISSA MAHMOUDI recover her costs of this appeal from appellants ADRIAN BOOKER AND NICOLE SMITH.

Judgment entered this 4th day of December, 2018.

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