Centurion Logistics LLC, Directly and Derivatively on Behalf of Centurion Pecos Terminal LLC v. Jules S. Brenner, Clark Hill PLC, Also Doing Business as Clark Hill Strasburger

• Court: Court of Appeals of Texas
• Decided: June 16, 2023
• Docket: 05-23-00280-CV
• Status: Published

Opinion

DISMISS and Opinion Filed June 16, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-23-00280-CV

CENTURION LOGISTICS LLC, DIRECTLY AND DERIVATIVELY ON BEHALF OF CENTURION PECOS TERMINAL LLC, Appellant V. JULES S. BRENNER, CLARK HILL PLC ALSO DOING BUSINESS AS CLARK HILL STRASBURGER, AND STRASBURGER & PRICE, LLP, Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-15964

MEMORANDUM OPINION Before Justices Pedersen, III, Garcia, and Kennedy Opinion by Justice Garcia Appellant appeals from the trial court’s order awarding attorney’s fees for

the dismissal of some but not all of appellees’ claims under the Texas Citizens’

Participation Act (TCPA). See TEX. CIV. PRAC. & REM. CODE ANN. § 27.009

(where trial court orders dismissal under the TCPA of some or all claims, it shall

award the moving party attorney’s fees). A party may bring an interlocutory

appeal only from the denial of a TCPA motion to dismiss. See id. § 51.014(a)(12).

Because the appealed order awards fees in relation to an order partially granting a TCPA motion to dismiss and did not otherwise finally dispose of the underlying

case, appellees have filed motion to dismiss for want of jurisdiction. See id.

Appellant filed a response agreeing the appeal should be dismissed.1

Because the appealed interlocutory order is not subject to appeal, we grant

appellees’ motion and dismiss this appeal for want of jurisdiction. See TEX. R.

APP. P. 42.3(a).

/Dennise Garcia/ DENNISE GARCIA JUSTICE 230280F.P05

1 Appellant states in its response that the trial court signed a final judgment on May 9, 2023 and it has filed a separate notice of appeal from that judgment.

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

CENTURION LOGISTICS LLC, On Appeal from the 44th Judicial DIRECTLY AND DERIVATIVELY District Court, Dallas County, Texas ON BEHALF OF CENTURION Trial Court Cause No. DC-19-15964. PECOS TERMINAL LLC, Appellant Opinion delivered by Justice Garcia. Justices Pedersen, III and Kennedy No. 05-23-00280-CV V. participating.

JULES S. BRENNER, CLARK HILL PLC ALSO DOING BUSINESS AS CLARK HILL STRASBURGER, AND STRASBURGER & PRICE, LLP, Appellees

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

It is ORDERED that appellees JULES S. BRENNER, CLARK HILL PLC ALSO DOING BUSINESS AS CLARK HILL STRASBURGER, AND STRASBURGER & PRICE, LLP recover their costs of this appeal from appellant CENTURION LOGISTICS LLC, DIRECTLY AND DERIVATIVELY ON BEHALF OF CENTURION PECOS TERMINAL LLC.

Judgment entered June 16, 2023

–3–