Deloris Phillips v. Texas Department of Insurance Division of Workers Compensation ( 2021 )


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  • DISMISS and Opinion Filed August 31, 2021
    In The
    Court of Appeals
    Fifth District of Texas at Dallas
    No. 05-21-00498-CV
    DELORIS PHILLIPS, Appellant
    V.
    TEXAS DEPARTMENT OF INSURANCE DIVISION OF
    WORKERS’ COMPENSATION, FLEMING COMPANIES, INC.,
    BANKERS STANDARD, UNITED PARCEL SERVICE, INC.,
    LIBERTY MUTUAL INSURANCE COMPANY,
    TEAMSTERS LOCAL UNION 767, AND ESIS, Appellees
    On Appeal from the 101st Judicial District Court
    Dallas County, Texas
    Trial Court Cause No. DC-21-06299
    MEMORANDUM OPINION
    Before Justices Osborne, Pedersen, III, and Nowell
    Opinion by Justice Osborne
    In her notice of appeal, appellant states that she is appealing from an order
    orally rendered denying her appointment of counsel. We questioned our jurisdiction
    over the appeal because, even assuming the trial court has signed an order, such an
    order is neither a final judgment nor an appealable interlocutory order.       See
    Lehmann v. Har-Con Corp., 
    39 S.W.3d 191
    , 195 (Tex. 2001) (generally appellate
    courts have jurisdiction only over appeals from final judgments and interlocutory
    orders permitted by statute); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing
    appealable interlocutory orders).
    As requested appellant filed a letter brief. She also filed an amended notice
    of appeal to additionally challenge the trial court’s denial of her motion for
    discovery. Neither an order denying a motion to appoint counsel nor a motion for
    discovery is an appealable interlocutory order that confers jurisdiction on the Court,
    and nothing in appellant’s letter brief demonstrates our jurisdiction. See Wilcox v.
    Wilcox, No. 05-09-01421-CV, 
    2010 WL 457434
    , at *1 (Tex. App.—Dallas Feb. 11,
    2010, no pet.) (mem. op.) (order on motion to appoint counsel not appealable);
    See Sharma v. Vinmar Int’l, Ltd., 
    231 S.W.3d 405
    , 422 (Tex. App.—Houston [14th
    Dist.] 2007, no pet.) (order denying discovery not appealable). Accordingly, we
    dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
    210498f.p05                                /Leslie Osborne//
    LESLIE OSBORNE
    JUSTICE
    –2–
    Court of Appeals
    Fifth District of Texas at Dallas
    JUDGMENT
    DELORIS PHILLIPS, Appellant                  On Appeal from the 101st Judicial
    District Court, Dallas County, Texas
    No. 05-21-00498-CV          V.               Trial Court Cause No. DC-21-06299.
    Opinion delivered by Justice
    TEXAS DEPARTMENT OF                          Osborne. Justices Pedersen, III and
    INSURANCE DIVISION OF                        Nowell participating.
    WORKERS’ COMPENSATION,
    FLEMING COMPANIES, INC.,
    BANKERS STANDARD, UNITED
    PARCEL SERVICE, INC.,
    LIBERTY MUTUAL INSURANCE
    CO., TEAMSTERS LOCAL UNION
    767, AND ESIS, Appellees
    In accordance with this Court’s opinion of this date, the appeal is
    DISMISSED.
    Judgment entered this 31st day of August, 2021.
    –3–
    

Document Info

Docket Number: 05-21-00498-CV

Filed Date: 8/31/2021

Precedential Status: Precedential

Modified Date: 9/8/2021