Benita Nelson v. Brenda J. Williams

• Court: Court of Appeals of Texas
• Decided: June 5, 2023
• Docket: 05-23-00412-CV
• Status: Published

Opinion

DISMISS and Opinion Filed June 5, 2023

In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00412-CV

BENITA NELSON, Appellant V. BRENDA J. WILLIAMS & ASSOCIATES AND BRENDA J. WILLIAMS, Appellees

On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-02816

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III Opinion by Chief Justice Burns Appellant appeals from the trial court’s April 17, 2023 Protective Order and

Order Sustaining Objections to Plaintiff’s Third-Party Subpoenas. Because the

order relating to discovery did not appear to be subject to appeal, the Court

questioned its jurisdiction. We directed appellant to file a letter brief addressing the

jurisdictional issue.

Generally, 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); see also TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders). A final judgment is one that

disposes of all parties and claims. See Lehmann, 39 S.W.3d at 195. Discovery

orders are interlocutory and generally not appealable until after final judgment is

entered. See Shanks v. Wair, No. 02-20-00138-CV, 2020 WL 5415225, at *1 (Tex.

App.—Fort Worth Sept. 10, 2020, no pet.). (mem. op.) (per curiam) (dismissing for

lack of jurisdiction an interlocutory appeal from an order granting a protective order

with respect to certain discovery requests).

Although appellant filed a brief, she failed to demonstrate this Court’s

jurisdiction over the appeal. The appealed order is neither a final judgment nor an

appealable interlocutory order. Accordingly, we dismiss appellant’s pending motion

for stay and the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

/Robert D. Burns, III// 230412f.p05 ROBERT D. BURNS, III CHIEF JUSTICE

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

BENITA NELSON, Appellant On Appeal from the 14th Judicial District Court, Dallas County, Texas No. 05-23-00412-CV V. Trial Court Cause No. DC-22-02816. Opinion delivered by Chief Justice BRENDA J. WILLIAMS & Burns. Justices Molberg and ASSOCIATES AND BRENDA J. Pedersen, III participating. WILLIAMS, Appellees

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

Judgment entered this 5th day of June, 2023.

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