SLK & Associates, LLC, Suzan Grande, Frank Grande, and Jensen Management Group, Inc. v. Darlene Payne Smith

Court of Appeals of Texas·Decided February 4, 2021·No. 09-20-00273-CV·Published

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-20-00273-CV __________________

SLK & ASSOCIATES, LLC, SUZAN GRANDE, FRANK GRANDE, AND JENSEN MANAGEMENT GROUP, INC., Appellants

V.

DARLENE PAYNE SMITH, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 20-31879 __________________________________________________________________

MEMORANDUM OPINION

Appellants SLK & Associates, LLC, Suzan Grande, Frank Grande, and Jensen

Management Group, Inc. filed a notice of appeal complaining about the trial court’s

order denying their motion to reconsider its ruling from an earlier order in which the

trial court had granted Darlene Payne Smith’s motion for summary judgment. After

the Clerk filed the notice, the Court sent a letter to the parties dated December 3,

2020 and invited the parties to explain whether the Court had jurisdiction over an

1 appeal from an order denying a motion to reconsider. See Tex. R. App. P. 42.3. None

of the parties responded to the Court’s letter.

We conclude the Court lacks jurisdiction over an appeal that involves a ruling

on an order denying a motion to reconsider. See, e.g., Tex. Civ. Prac. & Rem. Code

Ann. § 51.014. Given the fact that the parties have not identified any statutory basis

that allows this Court to exercise jurisdiction over appeals from orders like the one

at issue in this appeal, the appeal must be dismissed for lack jurisdiction. See id.; see

also Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). For that reason,

the appeal is dismissed for lack of jurisdiction.

APPEAL DISMISSED.

PER CURIAM

Submitted on February 3, 2021 Opinion Delivered February 4, 2021

Before Golemon, C.J., Kreger and Horton, JJ.

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SLK & Associates, LLC, Suzan Grande, Frank Grande, and Jensen Management Group, Inc. v. Darlene Payne Smith, (Tex. Ct. App. 2021).

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Related

Lehmann v. Har-Con Corp.
39 S.W.3d 191 (Texas Supreme Court, 2001)