Deloris Phillips v. Texas Department of Insurance Division of Workers Compensation

• Court: Court of Appeals of Texas
• Decided: August 31, 2021
• Docket: 05-21-00498-CV
• Status: Published

Opinion

DISMISS and Opinion Filed August 31, 2021

In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00498-CV

DELORIS PHILLIPS, Appellant V. TEXAS DEPARTMENT OF INSURANCE DIVISION OF WORKERS’ COMPENSATION, FLEMING COMPANIES, INC., BANKERS STANDARD, UNITED PARCEL SERVICE, INC., LIBERTY MUTUAL INSURANCE COMPANY, TEAMSTERS LOCAL UNION 767, AND ESIS, Appellees

On Appeal from the 101st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-06299

MEMORANDUM OPINION Before Justices Osborne, Pedersen, III, and Nowell Opinion by Justice Osborne In her notice of appeal, appellant states that she is appealing from an order

orally rendered denying her appointment of counsel. We questioned our jurisdiction

over the appeal because, even assuming the trial court has signed an order, such an

order is neither a final judgment nor an appealable interlocutory order. See

Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (generally appellate

courts have jurisdiction only over appeals from final judgments and interlocutory orders permitted by statute); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing

appealable interlocutory orders).

As requested appellant filed a letter brief. She also filed an amended notice

of appeal to additionally challenge the trial court’s denial of her motion for

discovery. Neither an order denying a motion to appoint counsel nor a motion for

discovery is an appealable interlocutory order that confers jurisdiction on the Court,

and nothing in appellant’s letter brief demonstrates our jurisdiction. See Wilcox v.

Wilcox, No. 05-09-01421-CV, 2010 WL 457434, at *1 (Tex. App.—Dallas Feb. 11,

2010, no pet.) (mem. op.) (order on motion to appoint counsel not appealable);

See Sharma v. Vinmar Int’l, Ltd., 231 S.W.3d 405, 422 (Tex. App.—Houston [14th

Dist.] 2007, no pet.) (order denying discovery not appealable). Accordingly, we

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

210498f.p05 /Leslie Osborne// LESLIE OSBORNE JUSTICE

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

DELORIS PHILLIPS, Appellant On Appeal from the 101st Judicial District Court, Dallas County, Texas No. 05-21-00498-CV V. Trial Court Cause No. DC-21-06299. Opinion delivered by Justice TEXAS DEPARTMENT OF Osborne. Justices Pedersen, III and INSURANCE DIVISION OF Nowell participating. WORKERS’ COMPENSATION, FLEMING COMPANIES, INC., BANKERS STANDARD, UNITED PARCEL SERVICE, INC., LIBERTY MUTUAL INSURANCE CO., TEAMSTERS LOCAL UNION 767, AND ESIS, Appellees

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

Judgment entered this 31st day of August, 2021.

–3–