Sue Triplett v. Margaret Greenway
This text of Sue Triplett v. Margaret Greenway (Sue Triplett v. Margaret Greenway) 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.
Opinion
Appellant Sue Triplett filed a "Notice of Interlocutory Appeal" that also requested temporary relief to stay the trial court's referral to mediation and a non-jury trial setting for June 19, 2000. Triplett has filed her interlocutory appeal from a trial court order denying her motion to compel plaintiff in the underlying suit to submit to a mental examination. Such a discovery order is interlocutory and not immediately appealable in the absence of express statutory authority. See Pelt v. State Bd. of Ins., 802 S.W.2d 822, 827 (Tex. App.--Austin 1990, no writ). We do not find express statutory authority for an interlocutory appeal from this type of discovery order. Accordingly, we dismiss the interlocutory appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). We deny appellant's request for temporary relief.
Before Justices Kidd, B. A. Smith and Yeakel
Dismissed for Want of Jurisdiction
Filed: June 15, 2000
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