Recovery Funding Service, LLC, Assignee of Hatton W. Sumners Foundation for the Study and Teaching of the Science of Self-Government, Inc. v. James Amos, Jr., Stephen A. Batman, William D. Gross, Dennis McCustion

Opinion

DISMISS and Opinion Filed August 4, 2022

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00434-CV

RECOVERY FUNDING SERVICE, LLC, ASSIGNEE OF HATTON W. SUMNERS FOUNDATION FOR THE STUDY AND TEACHING OF THE SCIENCE OF SELF-GOVERNMENT, INC., Appellant V. JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUSTION, REAGAN STEWART, AND MICHAEL L. WHALEN, Appellees

On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-11479

MEMORANDUM OPINION Before Justices Molberg, Reichek, and Garcia Opinion by Justice Garcia We questioned our jurisdiction over this appeal because there did not appear

to be a final judgment and 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); TEX. CIV. PRAC. & REM. CODE ANN. §

51.014(a) (listing appealable interlocutory orders). Appellant sued appellees James Amos, Jr., Stephen Bateman, William Gross,

Reagan Stewart, Michael Whaley, and Dennis McCuistion. With the exception of

Mr. McCuistion, appellees filed motions to dismiss pursuant to Texas Rule of Civil

Procedure 91a and the Texas Citizens Participation Act. See TEX. R. CIV. P. 91a;

TEX. CIV. PRAC. & REM. CODE ANN. § 27.003. The trial court granted the motions.

Appellant’s claims against Mr. McCuistion, however, remain pending. In its letter

brief, appellant concedes that this Court lacks jurisdiction over this appeal at this

time.

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

/Dennise Garcia/ DENNISE GARCIA JUSTICE

220434F.P05

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

RECOVERY FUNDING SERVICE, On Appeal from the 162nd Judicial LLC, ASSIGNEE OF HATTON W. District Court, Dallas County, Texas SUMNERS FOUNDATION FOR Trial Court Cause No. DC-21-11479. THE STUDY AND TEACHING OF Opinion delivered by Justice Garcia. THE SCIENCE OF SELF- Justices Molberg and Reichek GOVERNMENT, INC., Appellant participating.

No. 05-22-00434-CV V.

JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUSTION, REAGAN STEWART, AND MICHAEL L. WHALEN, Appellees

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

It is ORDERED that appellees JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUSTION, REAGAN STEWART, AND MICHAEL L. WHALEN recover their costs of this appeal from appellant RECOVERY FUNDING SERVICE, LLC, ASSIGNEE OF HATTON W. SUMNERS FOUNDATION FOR THE STUDY AND TEACHING OF THE SCIENCE OF SELF-GOVERNMENT, INC.

Judgment entered August 4, 2022

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