Winston Nguyen v. Vuong Pham and I Buy Beauty, LLC D/B/A Fastboy Marketing

Court of Appeals of Texas·Decided August 13, 2019·No. 14-19-00540-CV·Published

Opinion

Dismissed and Memorandum Opinion filed August 13, 2019.

In The

Fourteenth Court of Appeals

NO. 14-19-00540-CV

WINSTON NGUYEN, Appellant V. VUONG PHAM AND I BUY BEAUTY, LLC D/B/A FASTBOY MARKETING, Appellees

On Appeal from the 61st District Court Harris County, Texas Trial Court Cause No. 2018-89187

MEMORANDUM OPINION

This is an attempted appeal from an order signed June 19, 2019. On July 18, 2019, appellees filed a motion to dismiss the appeal. See Tex. R. App. P. 42.3.

The June 19, 2019 order granted appellees’ Texas Citizens Participation Act motion to dismiss. See Tex. Civ. Prac. & Rem. Code § 27.003. The order did not address appellees’ claim for attorney’s fees, nor did it dispose of the claims against the other named defendants in the underlying case. Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding); Fleming & Assocs. v. Kirklin, 479 S.W.3d 458, 460-61 (Tex. App.—Houston [14th Dist.] 2015, pet. denied) (order granting TCPA motion to dismiss without addressing outstanding attorney’s fees is an unappealable interlocutory order).

Accordingly, we dismiss the appeal.

PER CURIAM

Panel consists of Justices Jewell, Bourliot, and Zimmerer.

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Winston Nguyen v. Vuong Pham and I Buy Beauty, LLC D/B/A Fastboy Marketing, (Tex. Ct. App. 2019).

Winston Nguyen v. Vuong Pham and I Buy Beauty, LLC D/B/A Fastboy Marketing (Winston Nguyen v. Vuong Pham and I Buy Beauty, LLC D/B/A Fastboy Marketing) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lehmann v. Har-Con Corp.
39 S.W.3d 191 (Texas Supreme Court, 2001)
Bally Total Fitness Corp. v. Jackson
53 S.W.3d 352 (Texas Supreme Court, 2001)
Jack B. Anglin Co., Inc. v. Tipps
842 S.W.2d 266 (Texas Supreme Court, 1992)