Opinion
05-23-01252-CV
01-30-2024
ANGELIA SMITH AND KELVIN SMITH, Appellants v. SNUG OWNER, LLC D/B/A THE BROOKLYN @9590, Appellee
On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-21-05552-D
ORDER
BILL PEDERSEN, III JUSTICE
Before the Court is appellants' January 29, 2024 motion requesting the "Audio-Video" from the court reporter to verify the accuracy of the reporter's record. Audio and video recordings of trial court proceedings are not part of the reporter's record under the rules of appellate procedure. See Tex. R. App. P. 34.6(a)(1). Accordingly, we DENY the motion.
After reviewing the clerk's record, the Court questions its jurisdiction over this appeal. 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); Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (listing appealable interlocutory orders). In a prior appeal, this Court affirmed the final judgment of eviction. See Smith v. Snug Owner, LLC, No. 05-22-00171-CV, 2023 WL 6430000 (Tex. App.-Dallas Oct. 3, 2023, pet. denied). In that opinion, we ordered the trial court to determine the amount of rent, damages, and costs accrued during the pendency of the appeal and directed the district clerk to release such amount to appellee from the cash deposit in lieu of cost bond. Id. at *4. The trial court complied and signed an order on October 11, 2023 ordering the release of the entire amount within the court's registry to appellee. Appellants appeal from this order. There does not appear any authority allowing an appeal from such an order.
So that this Court can determine its jurisdiction over the appeal, appellants are requested to file, by February 9, 2024, a jurisdictional letter brief of no more than three pages explaining how this Court has jurisdiction over this appeal. Appellee may file a responsive letter brief of no more than three pages within ten days of appellant's letter brief. If any party will be relying on information not in the record before this Court, that party shall have filed a supplemental clerk's record.
We SUSPEND the current deadline for appellants' brief on the merits. After it has received briefs regarding the jurisdictional issue, the Court will either: (1) dismiss the appeal for want of jurisdiction; or (2) notify the parties by letter that the Court appears to have jurisdiction over the appeal and set a new deadline for the appellants' brief on the merits. We caution appellants that failure to file a jurisdictional brief by February 9, 2024 may result in dismissal of the appeal without further notice.