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Moses v. Six Flags Entm't Corp.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Nov 2, 2017
NO. 02-17-00328-CV (Tex. App. Nov. 2, 2017)

Opinion

NO. 02-17-00328-CV

11-02-2017

ANGELO MOSES AND TIFFANY MOSES APPELLANTS v. SIX FLAGS ENTERTAINMENT CORP.; SIX FLAGS THEME PARKS, INC.; SIX FLAGS OVER TEXAS, INC.; AND TEXAS FLAGS, LTD. APPELLEES


FROM THE 96TH DISTRICT COURT OF TARRANT COUNTY
TRIAL COURT NO. 096-279625-15 MEMORANDUM OPINION

Appellants Angelo Moses and Tiffany Moses attempt to appeal the trial court's denial of their motion to quash Appellees Six Flags Entertainment Corp.; Six Flags Theme Park, Inc.; Six Flags Over Texas, Inc.; and Texas Flags, Ltd.'s notices of intention to take their depositions and the trial court's denial of their motion for modification of local civil rule 3.11(a)(1).

By letter dated September 28, 2017, we notified Appellants of our concern that this court lacks jurisdiction over this appeal because the trial court's order does not appear to be a final judgment or an appealable interlocutory order. We notified Appellants that their appeal could be dismissed based on our lack of jurisdiction unless they or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal by October 9, 2017. See Tex. R. App. P. 42.3(a), 44.3.

Appellants filed a response on October 9, 2017, but did not provide us with any basis of jurisdiction over this appeal. Instead, Appellants' response argues that this court has mandamus jurisdiction to review the trial court's order. Appellants' petition for writ of mandamus was a separate proceeding and was denied on September 29, 2017. In re Moses, No. 02-17-00327-CV, 2017 WL 4341840, at *1 (Tex. App.—Fort Worth Sept. 29. 2017, orig. proceeding) (mem. op.).

Because we do not have jurisdiction over this appeal, we dismiss Appellants' appeal. See Tex. R. App. P. 42.3(a), 43.2(f); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (stating that generally appeal may be taken only from final judgment and that judgment is final and appealable if it disposes of all parties and all issues).

Appellants have also filed a Motion to Extend Time to File Notice of Appeal. This motion is rendered moot by our dismissal of the appeal for want of jurisdiction.

/s/ Bonnie Sudderth

BONNIE SUDDERTH

CHIEF JUSTICE PANEL: SUDDERTH, C.J.; KERR and PITTMAN, JJ. DELIVERED: November 2, 2017


Summaries of

Moses v. Six Flags Entm't Corp.

COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH
Nov 2, 2017
NO. 02-17-00328-CV (Tex. App. Nov. 2, 2017)
Case details for

Moses v. Six Flags Entm't Corp.

Case Details

Full title:ANGELO MOSES AND TIFFANY MOSES APPELLANTS v. SIX FLAGS ENTERTAINMENT…

Court:COURT OF APPEALS SECOND DISTRICT OF TEXAS FORT WORTH

Date published: Nov 2, 2017

Citations

NO. 02-17-00328-CV (Tex. App. Nov. 2, 2017)