Opinion
04-24-00613-CV
11-08-2024
Elizabeth MARTINEZ and Julian Silva, Individually and on behalf of the Estate of Cary Silva, Deceased, and Lindsay Shanahan, as next fried of J.S. and L.S., minor children, Appellants XT v. CB RESTAURANTS, INC. d/b/a Sugars and Thirsty's Spot SA LLC d/b/a Thirsty's SA, Appellees
From the 150th Judicial District Court, Bexar County, Texas Trial Court No. 2023CI25937 Honorable Antonia Arteaga, Judge Presiding.
ORDER
Irene Rios, Justice
On September 12, 2024, appellant CB Restaurants d/b/a Sugars filed a notice of appeal seeking to appeal the trial court's August 28, 2024 order denying appellant's amended motion to compel.
Generally, appeals may be taken only from final judgments. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A judgment is final if it disposes of every pending claim and party. Id. at 205. Moreover, interlocutory orders may be appealed only if a specific statute authorizes an interlocutory appeal of the order. See CMH Home v. Perez, 340 S.W.3d 444, 447 (Tex. 2011) ("Unless a statute authorizes an interlocutory appeal, appellate courts generally only have jurisdiction over final judgments."); see also TEX. CIV. PRAC. &REM. CODE ANN. § 51.014 (listing appealable interlocutory orders). No statute expressly authorizes an immediate appeal from an order granting a motion to compel discovery. See Chehab v. Mac Haik Chevrolet, Ltd., No. 14-16-01009-CV, 2017 WL 422145, at *1 (Tex. App.-Houston [14th Dist.] Jan. 31, 2017, no pet.) (mem. op.) ("The denial of a party's motion to compel discovery is an interlocutory order not subject to appeal.").
Because it appears there is no final judgment or appealable interlocutory order in the clerk's record, we ORDER appellant to show cause in writing, on or before November 22, 2024, why this appeal should not be dismissed for lack of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f).
All appellate deadlines are suspended pending further order from this court.