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Brown v. Franco

Court of Appeals Fifth District of Texas at Dallas
May 28, 2020
No. 05-20-00019-CV (Tex. App. May. 28, 2020)

Opinion

No. 05-20-00019-CV

05-28-2020

ZGAMYLE BROWN A/K/A ZGAMYLE BROWN HOWARD, Appellant v. GIANCARLO FRANCO, Appellee


On Appeal from the 160th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-18-06226

MEMORANDUM OPINION

Before Justices Bridges, Pedersen, III, and Evans
Opinion by Justice Evans

This is an appeal from the trial court's order on appellant's motion to reconsider order compelling discovery. Because the record does not reflect a final judgment has been signed, and an order relating to discovery is generally interlocutory and reviewable only on appeal from final judgment, we questioned our jurisdiction over the appeal and directed appellant to file a letter brief addressing our concern. See Pelt v. State Bd. of Ins., 802 S.W.2d 822, 827 (Tex. App.—Austin 1990, no writ); see also Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (appeal may be taken from final judgment or interlocutory order authorized by statute); Sharma v. Vinmar Int'l, Ltd., 231 S.W.3d 405, 422 (Tex. App.—Houston [14th Dist.] 2007, no pet.) (appeal from interlocutory discovery order not authorized by statute). Although we cautioned appellant that failure to file the requested letter brief within ten days could result in dismissal of the appeal without further notice, more than ten days have passed, and appellant has not responded. See TEX. R. APP. P. 42.3(a),(c).

Because the appealed order is interlocutory and nothing before us reflects a final judgment has been signed, we dismiss the appeal for want of jurisdiction. See id. 42.3(a); Pelt, 802 S.W.2d at 827.

/David Evans/

DAVID EVANS

JUSTICE 200019F.P05

JUDGMENT

On Appeal from the 160th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-18-06226.
Opinion delivered by Justice Evans, Justices Bridges and Pedersen, III participating.

In accordance with this Court's opinion of this date, we DISMISS the appeal. Judgment entered May 28, 2020.


Summaries of

Brown v. Franco

Court of Appeals Fifth District of Texas at Dallas
May 28, 2020
No. 05-20-00019-CV (Tex. App. May. 28, 2020)
Case details for

Brown v. Franco

Case Details

Full title:ZGAMYLE BROWN A/K/A ZGAMYLE BROWN HOWARD, Appellant v. GIANCARLO FRANCO…

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: May 28, 2020

Citations

No. 05-20-00019-CV (Tex. App. May. 28, 2020)