Opinion
NO. 02-18-00026-CV
02-08-2018
KELLY THOMAS APPELLANT v. CARL PUGLIESE; SETH JOHNS, CMO OF CARL'S HANDYMAN; AND CULPEPPER PLUMBING & AIR CONDITIONING, INC. APPELLEES
FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY
TRIAL COURT NO. CV-2016-01764 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
This is the fourth appeal brought by appellant Kelly Thomas arising from her pending lawsuit against appellees Carl Pugliese, Seth Johns, and Culpepper Plumbing & Air Conditioning, Inc. As we have with her three prior appeals, we dismiss this appeal.
In 2016, Thomas filed suit against the appellees, alleging that they had performed defective plumbing services at her home. See Thomas v. Pugliese, No. 02-17-00423-CV, 2018 WL 547596, at *1 (Tex. App.—Fort Worth Jan. 25, 2018, no pet. h.) (mem. op.) (discussing Thomas's prior appeals against the appellees). On November 28, 2017, the trial court granted the appellees' motion for sanctions against Thomas and warned that it would dismiss her claims "[i]f any [sanctions] payments are not delivered, either timely or in full" to the appellees. To date, the trial court has not dismissed Plaintiff's claims. Thomas attempts to appeal this order for the second time. As we noted in our prior dismissal of Thomas's first attempt to appeal this order, it is not a final or otherwise appealable order. See id. at *1-2.
We notified Thomas of our jurisdictional concerns. See Tex. R. App. P. 44.3. And although Thomas responded, she did not establish our jurisdiction over her attempted appeal. We dismiss Thomas's appeal for want of jurisdiction. See Tex. R. App. P. 42.3, 43.2(f).
She asserted that her claims had been dismissed in the sanctions order; however, they were not.
Because we do not have jurisdiction over this appeal, we dismiss Thomas's motion to transfer as moot.
PER CURIAM PANEL: GABRIEL, KERR, and PITTMAN, JJ. DELIVERED: February 8, 2018