Summary
dismissing for want of jurisdiction appellants' appeal of interlocutory order denying motion to quash and for protective order
Summary of this case from KST Capital, LLC v. Am. Bank of CommerceOpinion
No. 14-10-00118-CV
Opinion filed April 8, 2010.
On Appeal from the County Court at Law No. 2 Galveston County, Texas, Trial Court Cause No. 61,879.
Panel consists of Chief Justice HEDGES and Justices ANDERSON and CHRISTOPHER.
MEMORANDUM OPINION
This is an attempted appeal from two interlocutory orders on appellees' motion to take depositions to investigate a potential suit pursuant to Texas Rule of Civil Procedure 202. The order signed January 7, 2010, authorized the taking of the depositions, and the order signed January 13, 2010, denied appellants' motion to quash and for protective order. On March 9, 2010, appellees filed a motion to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3. Appellees also requested that this court assess damages for a frivolous appeal pursuant to Texas Rule of Appellate Procedure 45.
On March 22, 2010, appellants filed a response to appellees' motion in which they agreed that we lack jurisdiction over the appeal. Appellants joined the request for dismissal of the appeal so that they may file a petition for writ of mandamus. Appellants also objected to the request for Rule 45 damages.
We deny appellees' request for Rule 45 damages. We grant the motion to dismiss the appeal.
Accordingly, the appeal is ordered dismissed.