Opinion
NO. 02-17-00407-CV
12-21-2017
KELLY THOMAS APPELLANT v. CARL PUGLIESE; SETH JOHNS, CMO OF CARL'S HANDYMAN; AND CULPEPPER PLUMBING & AIR CONDITIONING, INC. APPELLEES
FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY
TRIAL COURT NO. CV-2016-01764 MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Kelly Thomas seeks to appeal from a "Scheduling Order" dated October 27, 2017. On November 20, 2017, we notified Thomas of our concern that we may not have jurisdiction over this appeal because the scheduling order is not a final judgment or an appealable interlocutory order. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (explaining that "the general rule, with a few mostly statutory exceptions, is that an appeal may be taken only from a final judgment"); see also Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a) (West Supp. 2017) (identifying some appealable, interlocutory orders). We informed Thomas that unless she or any party desiring to continue the appeal filed with the court a response showing grounds for continuing the appeal, this appeal could be dismissed for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3. Thomas filed a response that does not show grounds for continuing the appeal, and she later filed a motion to dismiss this cause. Accordingly, we dismiss this appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f). We deny Thomas's motion to dismiss as moot.
Thomas asked us to refile the extensive documents that she filed in this cause in cause number 02-17-00423-CV, another appeal that Thomas has pending in this court. Rule 34.5(b) authorizes Thomas to file a written designation specifying items to be included in the clerk's record. See Tex. R. App. P. 34.5(b).
PER CURIAM PANEL: MEIER, GABRIEL, and KERR, JJ. DELIVERED: December 21, 2017