Tabletop Media, LLC D/B/A Ziosk and Ziosk Payroll, LLC v. Greg Yoder, James Wyborny, and Nathan Salyer

• Court: Court of Appeals of Texas
• Decided: December 20, 2019
• Docket: 05-19-01411-CV
• Status: Published

Opinion

Dismiss; Opinion Filed December 20, 2019

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01411-CV

TABLETOP MEDIA, LLC D/B/A ZIOSK AND ZIOSK PAYROLL, LLC, Appellants

V.

E LA CARTE, INC. D/B/A PRESTO, GREG YODER, JAMES WYBORNY, AND NATHAN SALYER, Appellees

On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-02256

MEMORANDUM OPINION Before Justices Myers, Schenck, and Carlyle Opinion by Justice Schenck

We questioned our jurisdiction over this appeal from the trial court's order partially

granting a motion to dismiss under the Texas Citizens Participation Act (TCPA) as it appeared the

interlocutory order was not appealable. See TEX. CIV. PRAC. REM. CODE § 51.014(a)(12) (allowing

interlocutory appeal of order denying motion to dismiss under TCPA); Tex. A&M Univ. Sys. v.

Koseoglu, 233 S.W.3d 835, 840 (Tex. 2007) (noting interlocutory orders are appealable only if

allowed by statute); Schlumberger Ltd. v. Rutherford, 472 S.W.3d 881, 891 (Tex. App.—Houston

[1st Dist.] 2015, no pet.) (dismissing appeal from partial grant of TCPA motion to dismiss for want

of jurisdiction). Although we directed appellants to file a letter brief addressing our concern and

cautioned them that failure to comply by December 5, 2019 could result in dismissal of the appeal without further notice, they have not complied. Accordingly, because the challenged order is not

appealable, we dismiss the appeal and all pending motions for want of jurisdiction. See TEX. R.

APP. P. 42.3(a); Schlumberger, 472 S.W.3d at 891.

/David J. Schenck/ DAVID J. SCHENCK JUSTICE

191411F.P05

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

TABLETOP MEDIA, LLC D/B/A ZIOSK On Appeal from the 191st Judicial District AND ZIOSK PAYROLL, LLC, Appellant Court, Dallas County, Texas Trial Court Cause No. DC-19-02256. No. 05-19-01411-CV V. Opinion delivered by Justice Schenck, Justices Myers and Carlyle participating. E LA CARTE, INC. D/B/A PRESTO, GREG YODER, JAMES WYBORNY, AND NATHAN SALYER, Appellees

In accordance with this Court’s opinion of this date, we DISMISS the appeal.

We ORDER that appellees E La Carte, Inc. d/b/a Presto, Greg Yoder, James Wyborny, and Nathan Salyer recover their costs, if any, of this appeal from appellants Tabletop Media, LLC d/b/a Ziosk and Ziosk Payroll, LLC.

Judgment entered this 20th day of December, 2019.

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