Farzad Rohani, Soroush Rohani, Farshad Rohani and Mahshid Rouhani v. Vahid Karami, Fariba Reihani and Tastee Kreme 2, Inc.

Court of Appeals of Texas

Farzad Rohani, Soroush Rohani, Farshad Rohani and Mahshid Rouhani v. Vahid Karami, Fariba Reihani and Tastee Kreme 2, Inc.

DecidedMarch 4, 2022

Docket05-21-01161-CV

StatusPublished

This text of Farzad Rohani, Soroush Rohani, Farshad Rohani and Mahshid Rouhani v. Vahid Karami, Fariba Reihani and Tastee Kreme 2, Inc. (Farzad Rohani, Soroush Rohani, Farshad Rohani and Mahshid Rouhani v. Vahid Karami, Fariba Reihani and Tastee Kreme 2, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Farzad Rohani, Soroush Rohani, Farshad Rohani and Mahshid Rouhani v. Vahid Karami, Fariba Reihani and Tastee Kreme 2, Inc., (Tex. Ct. App. 2022).

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Opinion

DISMISS and Opinion Filed March 4, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-01161-CV

FARZAD ROHANI, SOROUSH ROUHANI, FARSHAD ROUHANI AND MASHID ROUHANI, Appellants V. TASTEE KREME #2 INC., VAHID KARAMI, AND FARIBA REIHANI, Appellees

On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-15477

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Justice Smith

This appeal from two interlocutory discovery sanctions orders was filed

December 28, 2021. By motion filed February 4, 2022, appellees assert the orders

are not appealable and request dismissal of the appeal as well as damages under

Texas Rule of Appellate Procedure 45. Appellants have not filed a response.

It is well-settled that an appeal may not be taken from an interlocutory

discovery sanctions order. See Bodnow Corp. v. City of Hondo, 721 S.W.2d 839,

840 (Tex. 1986) (per curiam) (discovery sanctions order is appealable upon final judgment). Accordingly, we grant the request to dismiss and dismiss the appeal.

See TEX. R. APP. P. 42.3(a); Bodnow, 721 S.W.2d at 840. We deny the request for

damages.

/Craig Smith/ CRAIG SMITH JUSTICE

211161F.P05

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

FARZAD ROHANI, SOROUSH On Appeal from the 44th Judicial ROUHANI, FARSHAD ROUHANI District Court, Dallas County, Texas AND MASHID ROUHANI, Trial Court Cause No. DC-19-15477. Appellants Opinion delivered by Justice Smith, Chief Justice Burns and Justice No. 05-21-01161-CV V. Molberg participating.

TASTEE KREME #2 INC., VAHID KARAMI AND FARIBA REIHANI, Appellees

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

We ORDER that appellees Tastee Kreme #2 Inc., Vahid Karami and Fariba Reihani recover their costs, if any, of this appeal from appellants Farzad Rohani, Soroush Rouhani, Farshad Rouhani and Mashid Rouhani.

Judgment entered March 4, 2022.

–3–

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