Opinion
05-23-01229-CV
05-13-2024
CAROLYN SUE THOMAS, Appellant v. WELLS FARGO BANK, N.A., Appellee
On Appeal from the 192nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-22-08648
Before Justices Molberg, Nowell, and Kennedy
MEMORANDUM OPINION
NANCY KENNEDY JUSTICE
This appeal challenges three interlocutory orders: two orders granting appellee continuances and an order denying appellant's motion to dismiss appellee's suit against her as frivolous. Interlocutory orders, however, can only be appealed if authorized by statute or rule, see Jack B. Anglin Co., Inc. v. Tipps, 842 S.W.2d 266, 272 (Tex. 1992), and no statute or rule authorizes an appeal of these orders.
In response to our request for jurisdictional briefing, appellant filed a letter asserting the appeal is permitted under Texas Civil Practice and Remedies Code section 51.014(d). See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(d). Section 51.014(d), however, requires, among other conditions, that the trial court grant permission to appeal, see id., and the trial court here has not granted permission.
Appellant also cites to Texas Rule of Appellate Procedure 25.1 and Texas Government Code section 22.220. Appellant, however, confuses jurisdiction over an appeal-statutorily conferred by section 22.220 and invoked upon the filing of a notice of appeal as provided by rule 25.1(b)-with subject matter jurisdiction-a court's authority to decide a case. See Tex. Gov't Code Ann. § 22.220; Tex.R.App.P. 25.1(b); Town of Highland Park v. McCullers, 646 S.W.3d 578, 583(Tex. App.-Dallas 2021, no pet.); Dallas Cnty. Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465, 468 (Tex. App.-Dallas 1994, writ denied).
Accordingly, lacking jurisdiction, we dismiss the appeal. See Tex. R. App. P. 42.3(a).
JUDGMENT
In accordance with this Court's opinion of this date, we DISMISS the appeal.