Adrian Booker v. Anissa Mahmoudi ( 2018 )

DISMISS; and Opinion Filed December 4, 2018.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-18-01054-CV
ADRIAN BOOKER AND NICOLE SMITH, Appellants
V.
ANISSA MAHMOUDI, Appellee
On Appeal from the County Court at Law No. 3
Collin County, Texas
Trial Court Cause No. 003-01795-2018
MEMORANDUM OPINION
Before Justices Bridges, Francis, and Lang-Miers
Opinion by Justice Lang-Miers
By letter dated November 13, 2018, the Court questioned its jurisdiction over this appeal
because there did not appear to be a final judgment or other appealable order. We instructed
appellants to file, by November 26, 2018, a letter brief addressing this Court’s jurisdiction and
cautioned them that failure to comply may result in dismissal of the appeal without further
notice. As of today’s date, appellants have not complied.
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). Appellants
appeal from the trial court’s August 30, 2018 “Order Granting Collin County Clerk’s Office’s
Motion to Quash Subpoena Application, Issuance of Protective Order, and Order for
Reimbursement for Attorney’s Fees.” The challenged order is neither a final judgment disposing
of all claims and parties nor an appealable interlocutory order. See id. For this reason, this Court
lacks jurisdiction over this appeal.
We dismiss the appeal. See TEX. R. APP. P. 42.3(a).
/Elizabeth Lang-Miers/
ELIZABETH LANG-MIERS
JUSTICE
181054F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ADRIAN BOOKER AND On Appeal from the County Court at Law
NICOLE SMITH, Appellants No. 3, Collin County, Texas
Trial Court Cause No. 003-01795-2018.
No. 05-18-01054-CV V. Opinion delivered by Justice Lang-Miers.
Justices Bridges and Francis participating.
ANISSA MAHMOUDI, Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee ANISSA MAHMOUDI recover her costs of this appeal
from appellants ADRIAN BOOKER AND NICOLE SMITH.
Judgment entered this 4th day of December, 2018.
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