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Recovery Funding Serv. v. Amos

Court of Appeals of Texas, Fifth District, Dallas
Aug 4, 2022
No. 05-22-00434-CV (Tex. App. Aug. 4, 2022)

Opinion

05-22-00434-CV

08-04-2022

RECOVERY FUNDING SERVICE, LLC, ASSIGNEE OF HATTON W. SUMNERS FOUNDATION FOR THE STUDY AND TEACHING OF THE SCIENCE OF SELF-GOVERNMENT, INC., Appellant v. JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUSTION, REAGAN STEWART, AND MICHAEL L. WHALEN, Appellees


On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-11479

Before Justices Molberg, Reichek, and Garcia

MEMORANDUM OPINION

DENNISE GARCIA, JUSTICE

We questioned our jurisdiction over this appeal because there did not appear to be a final judgment and directed appellant to file a letter brief addressing the jurisdictional issue. Generally, this Court has jurisdiction over final judgments and certain interlocutory orders as permitted by statute. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (listing appealable interlocutory orders).

Appellant sued appellees James Amos, Jr., Stephen Bateman, William Gross, Reagan Stewart, Michael Whaley, and Dennis McCuistion. With the exception of Mr. McCuistion, appellees filed motions to dismiss pursuant to Texas Rule of Civil Procedure 91a and the Texas Citizens Participation Act. See Tex. R. Civ. P. 91a; Tex. Civ. Prac. & Rem. Code Ann. § 27.003. The trial court granted the motions. Appellant's claims against Mr. McCuistion, however, remain pending. In its letter brief, appellant concedes that this Court lacks jurisdiction over this appeal at this time.

We dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a).

JUDGMENT

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

It is ORDERED that appellees JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUSTION, REAGAN STEWART, AND MICHAEL L. WHALEN recover their costs of this appeal from appellant RECOVERY FUNDING SERVICE, LLC, ASSIGNEE OF HATTON W. SUMNERS FOUNDATION FOR THE STUDY AND TEACHING OF THE SCIENCE OF SELF-GOVERNMENT, INC.

Judgment entered August 4, 2022


Summaries of

Recovery Funding Serv. v. Amos

Court of Appeals of Texas, Fifth District, Dallas
Aug 4, 2022
No. 05-22-00434-CV (Tex. App. Aug. 4, 2022)
Case details for

Recovery Funding Serv. v. Amos

Case Details

Full title:RECOVERY FUNDING SERVICE, LLC, ASSIGNEE OF HATTON W. SUMNERS FOUNDATION…

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

Date published: Aug 4, 2022

Citations

No. 05-22-00434-CV (Tex. App. Aug. 4, 2022)