Opinion
05-21-00803-CV
11-19-2021
HOLLY BONE A/K/A HOLLY MARTIN, Appellant v. DAVID TYLER MOSS AND FIDELISSIMUS LLC, Appellees
On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-09893
Before Justices Schenck, Osborne, and Partida-Kipness
MEMORANDUM OPINION
ROBBIE PARTIDA-KIPNESS JUSTICE
Appellant appeals the trial court's order denying appellant's motion to vacate turnover orders. After reviewing the clerk's record, we questioned our jurisdiction over this appeal because the order did not appear to be appealable. See Abira Med. Labs, LLC v. St. Jude Med. SC, Inc., No. 14-17-00849-CV, 2018 WL 3911084, at *2 (Tex. App.-Houston [14th Dist.] Aug. 16, 2018, no pet.) (mem. op.); see also Tex. R. App. P. 26.1. At our request, the parties filed letter briefs addressing our concern. In her letter brief, appellant states she has no objection to the appeal being dismissed for want of jurisdiction. Appellees do not dispute our lack of jurisdiction, but request that this Court remand the case for assessment of attorney's fees and 1 costs pursuant to rules 43.3 and 43.4 or the Texas Rules of Appellate Procedure. See Tex. R. App. P. 43.3, 43.4.
We dismiss the appeal and order that appellees recover their costs, if any, of this appeal from appellant. See Tex. R. App. P. 42.3(a), 43.4. We deny appellees' request for remand. See id. 43.2(f). 2
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.
We ORDER that appellees David Tyler Moss and Fidelissimus, LLC recover their costs, if any, of this appeal from appellant Holly Bone a/k/a Holly Martin. 3