Theresa Barnett v. David S. Crockett

• Court: Court of Appeals of Texas
• Decided: November 7, 2012
• Docket: 05-12-01328-CV
• Status: Published

Opinion

DISMISS; Opinion tiled November 7, 2012

In The nf 5ppiahi (nnrt Ftfti! ThtrirI uf xa at Oatta No. 05-12-01328-CV

THERESA BARNETT, Appellant

V.

DAVID S. CROCKETT AND DAVID S. CROCKETT & CO., Appellees

On Appeal from the 116th Judicial District Court Dallas County, Texas Trial Court Cause No. 10-00136-F

MEMORANDUM OPINION Before Justices Morris, Francis, and Murphy Opinion By Justice Francis

By letter dated October 12, 2012, the Court questioned its jurisdiction over the appeal.

Specifically, it appears there is no final judgment. We instructed appellant to file, within ten days.

a jurisdictional brief explaining how we have jurisdiction over the appeal.

Unless an interlocutory appeal is specifically authorized by the constitution or statute, we

have jurisdiction only over appeals taken from final judgments. See Beckham Grp.. P. C v. Snider.

315 S.W.3d 244. 245 (Tex. App.—Dallas 2010. no pet.). A final judgment is one that disposes of

all pending parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).

An order denying a motion to compel discovery is an unappealable interlocutory order. See Pelt v.

State Board of Insurance. 802 S.W.2d 822. 827 (Tex. App.——Austin 1990. no writ). Appellant filed a jurisdictional brief. In her brief she admits the case remains pending in the

trial court and that the order appealed is mterlocutorv. Alternatively, appellant contends the (‘ourt

may consider her appeal as a petition for writ of mandamus. Appellant has not filed a petition for

writ of mandamus in accordance with the rules of appellate procedure. See T13x. R. APP. P. 52.

Appellant filed a direct appeal of the trial court’s order denying her motion to compel

discovery. Because the order appellant appeals from is interlocutory, we dismiss the appeal for want

of jurisdiction .5cc TEx. R. APP. P. 42.3(a).

4 a

MOLLY cIs JUSTiCE

121328F.P05 uurt tfl .Fift1! 1nitrtct nf Lixai ut ta1kni JUDGMENT THERESA BARNETT, Appellant Appeal from the 116th Judicial i)istrict Court of Dallas County. Texas. (Tr.CtNo. 10 No. 05-12-01328-CV V. 001 36-F). Opinion delivered by Justice Francis, Justices DAVID S. CROCKETT AND DAVID S. Morris and Murphy, participating. CROCKETT & CO., Appellees

Based on the Court’s opinion of this date, the appeal is D1SMISSEI).

It is ORDERED that appellees, David S. Crockett and David S. Crockett & Co., recover their costs of the appeal from appellant. Theresa Barnett.

Judgment entered November 7, 2012.

MOLLY CI S JUSTICE