Benita Nelson v. Brenda J. Williams ( 2023 )

DISMISS and Opinion Filed June 5, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-23-00412-CV
BENITA NELSON, Appellant
V.
BRENDA J. WILLIAMS & ASSOCIATES AND
BRENDA J. WILLIAMS, Appellees
On Appeal from the 14th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-02816
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Pedersen, III
Opinion by Chief Justice Burns
Appellant appeals from the trial court’s April 17, 2023 Protective Order and
Order Sustaining Objections to Plaintiff’s Third-Party Subpoenas. Because the
order relating to discovery did not appear to be subject to appeal, the Court
questioned its jurisdiction. We directed appellant to file a letter brief addressing the
jurisdictional issue.
Generally, 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); see also TEX. CIV. PRAC. & REM. CODE ANN. §
51.014(a) (listing appealable interlocutory orders). A final judgment is one that
disposes of all parties and claims. See Lehmann, 39 S.W.3d at 195. Discovery
orders are interlocutory and generally not appealable until after final judgment is
entered. See Shanks v. Wair, No. 02-20-00138-CV, 2020 WL 5415225, at *1 (Tex.
App.—Fort Worth Sept. 10, 2020, no pet.). (mem. op.) (per curiam) (dismissing for
lack of jurisdiction an interlocutory appeal from an order granting a protective order
with respect to certain discovery requests).
Although appellant filed a brief, she failed to demonstrate this Court’s
jurisdiction over the appeal. The appealed order is neither a final judgment nor an
appealable interlocutory order. Accordingly, we dismiss appellant’s pending motion
for stay and the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III//
230412f.p05 ROBERT D. BURNS, III
CHIEF JUSTICE
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BENITA NELSON, Appellant On Appeal from the 14th Judicial
District Court, Dallas County, Texas
No. 05-23-00412-CV V. Trial Court Cause No. DC-22-02816.
Opinion delivered by Chief Justice
BRENDA J. WILLIAMS & Burns. Justices Molberg and
ASSOCIATES AND BRENDA J. Pedersen, III participating.
WILLIAMS, Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered this 5th day of June, 2023.
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