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Lee v. Curry

Court of Appeals of Texas, Fifth District, Dallas
Aug 25, 2005
No. 05-05-00997-CV (Tex. App. Aug. 25, 2005)

Opinion

No. 05-05-00997-CV

Opinion issued August 25, 2005.

On Appeal from the 116th Judicial District Court, Dallas County, Texas, Trial Court Cause No. 04-07856.

Dismissed.

Before Justices WRIGHT, BRIDGES, and FITZGERALD.


MEMORANDUM OPINION


Raymond Lee, Jr. attempts to appeal an order denying his request for a protective order. By letter dated July 22, 2005, we questioned our jurisdiction over this appeal and directed appellant to file a letter brief explaining how this Court has jurisdiction over this appeal within ten days. Appellant responded, agreeing the Court lacks appellate jurisdiction over this appeal. We dismiss for lack of jurisdiction.

In the absence of a special statute making an interlocutory order appealable, a judgment must dispose of all issues and parties in the case before it becomes final and appealable. New York Underwriters Ins. Co. v. Sanchez, 799 S.W.2d 677, 678-79 (Tex. 1990). As a general rule, orders relating to discovery are interlocutory and are not appealable except in connection with appeal upon final disposition of the cause on the merits. See Pelt v. State Bd. of Ins., 802 S.W.2d 822, 827 (Tex.App.-Austin 1990, no writ). Appellant agrees the complained-of order is interlocutory and not appealable at this time. Therefore, on the Court's own motion, we dismiss this appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a).


Summaries of

Lee v. Curry

Court of Appeals of Texas, Fifth District, Dallas
Aug 25, 2005
No. 05-05-00997-CV (Tex. App. Aug. 25, 2005)
Case details for

Lee v. Curry

Case Details

Full title:RAYMOND LEE, JR., Appellant v. BRAYLON CURRY, Appellee

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

Date published: Aug 25, 2005

Citations

No. 05-05-00997-CV (Tex. App. Aug. 25, 2005)