Opinion
14-24-00681-CV
12-19-2024
JUDY NGUYEN, Appellant v. ANDREW ROACH, Appellee
On Appeal from the 295th District Court Harris County, Texas Trial Court Cause No. 2023-69852.
Panel consists of Zimmerer, Spain, and Hassan, Justices.
MEMORANDUM OPINION
PER CURIAM
This is an attempted appeal from an interlocutory order in a proceeding under Civil Practice and Remedies Code chapter 27, commonly known as the Texas Citizens Participation Act (TCPA). Tex. Civ. Prac. &Rem. Code Ann. §§ 27.001-.011. Appellant/defendant Judy Nguyen attempts to appeal what she claims is a dismissal by operation of law. See TCPA §§ 27.005(a), 27.008(a), 51.014(a)(12).
Nguyen filed a TCPA motion to dismiss the claims brought by plaintiff/appellee Andrew Roach. On July 30, 2024 the trial court held a hearing on the motion to dismiss. The trial court continued the hearing until September 23, 2024, and Nguyen filed a notice of interlocutory appeal on September 14, 2024.
Generally, appeals may be taken only from final judgments. Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). When orders do not dispose of all pending parties and claims, the orders remain interlocutory and unappealable until final judgment is rendered unless a statutory exception applies. Bally Total Fitness Corp. v. Jackson, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).The TCPA provides for an interlocutory appeal if a trial court does not rule on a TCPA motion to dismiss within thirty days of the conclusion of a hearing on the motion; the TCPA provides for (1) the motion to be denied by operation of law and (2) an interlocutory appeal of that denial. See TCPA §§ 27.005(a), 27.008(a), 51.014(a)(12). The appeal is accelerated, and the appellant must file a notice of appeal within twenty days of the denial. Tex.R.App.P. 26.1(b). If the motion has not been denied, this court lacks jurisdiction over the appeal. See Komerica Post, LLC v. Jai Sung Byun, No. 14-19-00764-CV, 2021 WL 1804512 (Tex. App.- Houston [14th Dist.] May 6, 2021, no pet. h.) (mem. op.); Fell Clutch, LLC v. Cherokee Black Entm't Inc., No. 14-19-00577-CV, 2020 WL 372978, at *1 (Tex. App.-Houston [14th Dist.] Jan. 23, 2020, no pet.) (mem. op.). The record reflects the trial court did not conclude the hearing on the motion, therefore the motion to dismiss was not denied by operation of law.
Appellee Andrew Roach has filed a motion to dismiss the appeal for want of jurisdiction. We grant appellee's motion and dismiss the appeal and deny the motion for sanctions.