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Nelson v. Williams

Court of Appeals of Texas, Fifth District, Dallas
Jun 5, 2023
No. 05-23-00412-CV (Tex. App. Jun. 5, 2023)

Opinion

05-23-00412-CV

06-05-2023

BENITA NELSON, Appellant v. BRENDA J. WILLIAMS & ASSOCIATES AND BRENDA J. WILLIAMS, Appellees


On Appeal from the 14th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-02816

Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III

MEMORANDUM OPINION

ROBERT D. BURNS, III CHIEF JUSTICE

Appellant appeals from the trial court's April 17, 2023 Protective Order and Order Sustaining Objections to Plaintiff's Third-Party Subpoenas. Because the order relating to discovery did not appear to be subject to appeal, the Court questioned its jurisdiction. We directed appellant to file a letter brief addressing the jurisdictional issue.

Generally, this Court has jurisdiction over final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (listing appealable interlocutory orders). A final judgment is one that disposes of all parties and claims. See Lehmann, 39 S.W.3d at 195. Discovery orders are interlocutory and generally not appealable until after final judgment is entered. See Shanks v. Wair, No. 02-20-00138-CV, 2020 WL 5415225, at *1 (Tex. App.-Fort Worth Sept. 10, 2020, no pet.). (mem. op.) (per curiam) (dismissing for lack of jurisdiction an interlocutory appeal from an order granting a protective order with respect to certain discovery requests).

Although appellant filed a brief, she failed to demonstrate this Court's jurisdiction over the appeal. The appealed order is neither a final judgment nor an appealable interlocutory order. Accordingly, we dismiss appellant's pending motion for stay and the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

JUDGMENT

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

Judgment entered this 5th day of June, 2023.


Summaries of

Nelson v. Williams

Court of Appeals of Texas, Fifth District, Dallas
Jun 5, 2023
No. 05-23-00412-CV (Tex. App. Jun. 5, 2023)
Case details for

Nelson v. Williams

Case Details

Full title:BENITA NELSON, Appellant v. BRENDA J. WILLIAMS & ASSOCIATES AND BRENDA J…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 5, 2023

Citations

No. 05-23-00412-CV (Tex. App. Jun. 5, 2023)

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