James David Horton and Robbie Lesa Horton v. Susan McMillion Martin, Shannon Pritchard, Brooke Daves and Kimberly Stovall ( 2015 )

Dismissed and Opinion Filed June 15, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00017-CV JAMES DAVID HORTON AND ROBBIE LESA HORTON, Appellants V. BROOKE DAVES, Appellee On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-14-11551 MEMORANDUM OPINION Before Justices Bridges, Lang and Schenck Opinion by Justice Bridges James David Horton and Robbie Lesa Horton appeal the trial court’s order granting Brooke Daves’s motion to dismiss the claims against her pursuant to Chapter 27 of the Texas Civil Practice and Remedies Code, which is known as the Texas Citizens Participation Act (TCPA). The Hortons argue this Court has jurisdiction over this interlocutory appeal. We conclude that we do not have jurisdiction and dismiss this interlocutory appeal. The law is well- settled in this matter, therefore we issue this memorandum opinion. See TEX. R. CIV. P. 47.1. This appeal involves the same facts and legal arguments as Horton v. Martin, No. 05-15- 00015-CV. The appeals have the same reporter’s record and any differences in the clerk’s records are not material to our resolution of the appeals. We issued today a full opinion in Horton v. Martin, No. 05-15-00015-CV, addressing all jurisdictional arguments raised by the Hortons, Martin, Stovall, and Daves. For the reasons explained in that case, we conclude this Court does not have jurisdiction over this interlocutory appeal. The appeal is dismissed for want of jurisdiction. See TEX. R. APP. P. 43.2(f). /David L. Bridges/ 150017F.P05 DAVID L. BRIDGES JUSTICE –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT JAMES DAVID HORTON AND ROBBIE On Appeal from the 44th Judicial District LESA HORTON, Appellants Court, Dallas County, Texas Trial Court Cause No. DC-14-11551. No. 05-15-00017-CV V. Opinion delivered by Justice Bridges. Justices Lang and Schenck participating. SUSAN MCMILLION MARTIN, SHANNON PRITCHARD, BROOKE DAVES AND KIMBERLY STOVALL, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED for want of jurisdiction. It is ORDERED that appellee BROOKE DAVES recover her costs of this appeal from appellants JAMES DAVID HORTON AND ROBBIE LESA HORTON. Judgment entered June 15, 2015. –3–