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Phyllis Lee v. Grand Prairie Indep. Sch. Dist.

Court of Appeals of Texas, Fifth District, Dallas
Jun 7, 2022
No. 05-22-00338-CV (Tex. App. Jun. 7, 2022)

Opinion

05-22-00338-CV

06-07-2022

PHYLLIS LEE, Appellant v. GRAND PRAIRIE INDEPENDENT SCHOOL DISTRICT, Appellee


On Appeal from the 95th District Court Dallas County, Texas Trial Court Cause No. DC -21-18237

Before Justices Partida-Kipness, Pedersen, III, and Nowell

MEMORANDUM OPINION

ERIN A. NOWELL, JUSTICE

In the underlying lawsuit, appellant seeks judicial review of the decision and order of the Texas Department of Insurance, Division of Workers' Compensation. She appeals from the trial court's March 25, 2022 interlocutory order granting appellee's motion to transfer venue and transferring the case to Travis County. Because the interlocutory order did not appear to be subject to appeal, we questioned our jurisdiction and directed the parties to file letter briefs addressing the issue. The parties complied.

Generally, this Court has jurisdiction over final judgments and certain interlocutory orders as permitted by statute. See Tex. Civ. Prac. & Rem. Code § 51.014(a) (listing appealable interlocutory orders); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001). A trial court's venue determination is not subject to an interlocutory appeal. See Tex. Civ. Prac. & Rem. Code § 15.064(a); Tex.R.Civ.P. 87(6).

In her letter brief, appellant asserts the trial court may permit an appeal of an order that is not otherwise appealable. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d). Appellant is correct, but the record before us does not contain a written order permitting an appeal of the venue order. See Tex. R. Civ. P. 168. In the remainder of appellant's letter brief, she addresses the merits of the trial court's action transferring venue.

The trial court's interlocutory venue order is not subject to interlocutory appeal. See Tex. Civ. Prac. & Rem. Code § 15.064(a); Tex.R.Civ.P. 87(6). Because appellant has failed to demonstrate that we have jurisdiction, we dismiss the appeal. See Tex. R. App. P. 42.3(a).

JUDGMENT

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

Judgment entered this 7th day of June, 2022.


Summaries of

Phyllis Lee v. Grand Prairie Indep. Sch. Dist.

Court of Appeals of Texas, Fifth District, Dallas
Jun 7, 2022
No. 05-22-00338-CV (Tex. App. Jun. 7, 2022)
Case details for

Phyllis Lee v. Grand Prairie Indep. Sch. Dist.

Case Details

Full title:PHYLLIS LEE, Appellant v. GRAND PRAIRIE INDEPENDENT SCHOOL DISTRICT…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Jun 7, 2022

Citations

No. 05-22-00338-CV (Tex. App. Jun. 7, 2022)