Sam C. Tamborello v. Dr. Pamelia Shawn Ashley

• Court: Court of Appeals of Texas
• Decided: December 10, 2024
• Docket: 05-24-01362-CV
• Status: Published

Opinion

Dismissed w.o.j. and Opinion Filed December 10, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-01362-CV

SAM C. TAMBORELLO, Appellant V. DR. PAMELIA SHAWN ASHLEY, Appellee

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-24-09906

MEMORANDUM OPINION Before Justices Partida-Kipness, Goldstein, and Miskel Opinion by Justice Partida-Kipness Before the Court is appellee’s November 26, 2024 motion to dismiss for lack

of jurisdiction. Over ten days have passed since appellee filed her motion to dismiss,

and appellant has not filed any response. After reviewing the motion and the clerk’s

record, we agree that this Court lacks jurisdiction over this appeal.

Appellant originally filed a notice of appeal from the trial court’s October 29,

2024 order granting appellee’s motion to dismiss with prejudice under section

801.3585 of the Texas Occupations Code. Generally, an appeal may be taken only

from a final judgment or order that disposes of all parties and claims or from interlocutory orders if allowed by statute. Jack B. Anglin Co., Inc. v. Tipps, 842

S.W.2d 266, 272 (Tex. 1992). This order, however, disposes of only appellant’s

claims against one party. Moreover, it appears that while appellant’s claims against

the other parties have been disposed of separately, the other parties have outstanding

claims for attorney’s fees against appellant. Therefore, we conclude the October 29,

2024 order is not a final judgment. See id. We also conclude the order is not an

appealable interlocutory order. See TEX. CIV. PRAC. & REM. CODE § 51.014(a); see

also TEX. OCC. CODE § 801.3585.

Appellant also filed an amended notice of appeal to include the October 25,

2024 order denying his motion to recuse. However, such an order is reviewable only

for abuse of discretion on appeal from the final judgment. See TEX. R. CIV. P.

18a(j)(1)(A). Because a final judgment has not been rendered, we conclude that we

lack jurisdiction over this appeal.

Accordingly, we grant appellee’s motion and dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 42.3(a).

241362f.p05 /Robbie Partida-Kipness// ROBBIE PARTIDA-KIPNESS JUSTICE

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

SAM C. TAMBORELLO, Appellant On Appeal from the 191st Judicial District Court, Dallas County, Texas No. 05-24-01362-CV V. Trial Court Cause No. DC-24-09906. Opinion delivered by Justice Partida- DR. PAMELIA SHAWN ASHLEY, Kipness. Justices Goldstein and Appellee Miskel participating.

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

It is ORDERED that appellee DR. PAMELIA SHAWN ASHLEY recover her costs of this appeal from appellant SAM C. TAMBORELLO.

Judgment entered this 10th day of December, 2024.

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