Opinion
No. 05-12-01328-CV
11-07-2012
THERESA BARNETT, Appellant v. DAVID S. CROCKETT AND DAVID S. CROCKETT & CO., Appellees
DISMISS;
On Appeal from the 116th Judicial District Court
Dallas County, Texas
Trial Court Cause No. 10-00136-F
MEMORANDUM OPINION
Before Justices Morris, Francis, and Murphy
Opinion By Justice Francis
By letter dated October 12, 2012, the Court questioned its jurisdiction over the appeal. Specifically, it appears there is no final judgment. We instructed appellant to file, within ten days, a jurisdictional brief explaining how we have jurisdiction over the appeal.
Unless an interlocutory appeal is specifically authorized by the constitution or statute, we have jurisdiction only over appeals taken from final judgments. See Beckham Grp., P.C. v. Snyder, 315 S.W.3d 244, 245 (Tex. App.-Dallas 2010, no pet.). A final judgment is one that disposes of all pending parties and claims. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). An order denying a motion to compel discovery is an unappealable interlocutory order. See Pelt v. State Board of Insurance, 802 S.W.2d 822, 827 (Tex. App.-Austin 1990, no writ). Appellant filed a jurisdictional brief. In her brief, she admits the case remains pending in the trial court and that the order appealed is interlocutory. Alternatively, appellant contends the Court may consider her appeal as a petition for writ of mandamus. Appellant has not filed a petition for writ of mandamus in accordance with the rules of appellate procedure. See Tex. R. App. P. 52.
Appellant filed a direct appeal of the trial court's order denying her motion to compel discovery. Because the order appellant appeals from is interlocutory, we dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).
MOLLY FRANCIS
JUSTICE
121328F.P05
Court of Appeals Fifth District of Texas at Dallas JUDGMENT
THERESA BARNETT, Appellant
V.
DAVID S. CROCKETT AND DAVID S. CROCKETT & CO., Appellees
No. 05-12-01328-CV
Appeal from the 116th Judicial District Court of Dallas County, Texas. (Tr.Ct.No. 10- 00136-F).
Opinion delivered by Justice Francis, Justices Morris and Murphy, participating.
Based on the Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellees, David S. Crockett and David S. Crockett & Co., recover their costs of the appeal from appellant, Theresa Barnett.
Judgment entered November 7, 2012.
MOLLY FRANCIS
JUSTICE