Richard Goldberg v. EMR (USA Holdings) Inc.

• Court: Court of Appeals of Texas
• Decided: June 29, 2018
• Docket: 05-18-00261-CV
• Status: Published

Opinion

Order entered June 29, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00261-CV

RICHARD GOLDBERG, ET AL, Appellants

V.

EMR (USA HOLDINGS) INC., ET AL, Appellees

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-17-14064

ORDER Before Chief Justice Wright, Justice Evans, and Justice Brown

By letter dated April 5, 2018, we questioned our jurisdiction over the conditional cross-

appeal filed in this interlocutory appeal from an order denying appellants’ motion to dismiss

under chapter 27 of the civil practice and remedies code. See TEX. CIV. PRAC. & REM. CODE

ANN. § 27.003 (West 2015). The cross-appeal challenges two orders denying discovery.

Having reviewed the jurisdictional briefing filed by the parties at our request and

applicable authorities, we conclude we lack jurisdiction over the cross-appeal. Accordingly, the

cross-appeal is DISMISSED. See TEX. R. APP. P. 42.3(a); Minett v. Snowden, No. 05-18-00003-

CV, 2018 WL 2929339, at *11-12 (Tex. App.—Dallas June 12, 2018, no pet. h.).

/s/ DAVID EVANS JUSTICE