Opinion
No. 05-20-00842-CV
11-06-2020
NEORA, LLC, Appellant v. PURE GEN HOLDINGS, INC., Appellee
On Appeal from the 160th Judicial District Court Dallas County, Texas
Trial Court Cause No. DC-20-07296
MEMORANDUM OPINION
Before Justices Myers, Nowell, and Evans
Opinion by Justice Myers
Appellant appeals from the trial court's August 14, 2020 order denying its application to enforce an arbitration subpoena. Appellant stated in its notice of appeal that it was filed "conditionally, as a precaution" because this Court has held that such an order is not appealable. See Galaxy Builders, Ltd. v. Globus Mgmt. Group, LLC, No. 05-17-00831-CV, 2017 WL 4349096 (Tex. App.—Dallas Oct. 2, 2017, no pet.) (mem. op.).
Appellant has pending a petition for writ of mandamus concerning the same order. It is docketed as appellate cause number 05-20-00864-CV and styled In re Neora, LLC.
In light of this Court's holding in Galaxy Builders, we instructed appellant to file a letter brief explaining why this appeal should not be dismissed with an opportunity for appellee to respond. The parties complied. Nothing in appellant's letter brief demonstrates the order is appealable. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Lana Myers/
LANA MYERS
JUSTICE 200842F.P05
JUDGMENT
On Appeal from the 160th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC-20-07296.
Opinion delivered by Justice Myers. Justices Nowell and Evans participating.
In accordance with this Court's opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee PURE GEN HOLDINGS, INC. recover its costs of this appeal from appellant NEORA, LLC. Judgment entered this 6th day of November, 2020.