Carolyn Sue Thomas v. Wells Fargo Bank, N.A.

• Court: Court of Appeals of Texas
• Decided: May 13, 2024
• Docket: 05-23-01229-CV
• Status: Published

Opinion

DISMISS and Opinion Filed May 13, 2024

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-01229-CV

CAROLYN SUE THOMAS, Appellant V. WELLS FARGO BANK, N.A., Appellee

On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-08648

MEMORANDUM OPINION Before Justices Molberg, Nowell, and Kennedy Opinion by Justice Kennedy This appeal challenges three interlocutory orders: two orders granting

appellee continuances and an order denying appellant’s motion to dismiss appellee’s

suit against her as frivolous. Interlocutory orders, however, can only be appealed if

authorized by statute or rule, see Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266,

272 (Tex. 1992), and no statute or rule authorizes an appeal of these orders.

In response to our request for jurisdictional briefing, appellant filed a letter

asserting the appeal is permitted under Texas Civil Practice and Remedies Code section 51.014(d).1 See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d). Section

51.014(d), however, requires, among other conditions, that the trial court grant

permission to appeal, see id., and the trial court here has not granted permission.

Accordingly, lacking jurisdiction, we dismiss the appeal. See TEX. R. APP. P.

42.3(a).

/Nancy Kennedy/ NANCY KENNEDY JUSTICE 231229F.P05

1 Appellant also cites to Texas Rule of Appellate Procedure 25.1 and Texas Government Code section 22.220. Appellant, however, confuses jurisdiction over an appeal–statutorily conferred by section 22.220 and invoked upon the filing of a notice of appeal as provided by rule 25.1(b)–with subject matter jurisdiction–a court’s authority to decide a case. See TEX. GOV’T CODE ANN. § 22.220; TEX. R. APP. P. 25.1(b); Town of Highland Park v. McCullers, 646 S.W.3d 578, 583(Tex. App.—Dallas 2021, no pet.); Dallas Cnty. Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465, 468 (Tex. App.—Dallas 1994, writ denied). –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

CAROLYN SUE THOMAS, On Appeal from the 192nd Judicial Appellant District Court, Dallas County, Texas Trial Court Cause No. DC-22-08648. No. 05-23-01229-CV V. Opinion delivered by Justice Kennedy, Justices Molberg and WELLS FARGO BANK, N.A., Nowell participating. Appellee

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

Judgment entered May 13, 2024.

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