Deloris Phillips v. Porshala Phillips and William Brent Appeal from 254th Judicial District Court of Dallas County (memorandum opinion)
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Dismissed and Opinion Filed May 16, 2018 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00317-CV DELORIS PHILLIPS, Appellant V. PORSHALA PHILLIPS AND WILLIAM BRENT, Appellees On Appeal from the 254th Judicial District Court Dallas County, Texas Trial Court Cause No. DF-18-00541 MEMORANDUM OPINION Before Justices Francis, Fillmore, and Whitehill Opinion by Justice Whitehill Deloris Phillips filed this appeal March 26, 2018, complaining of the trial court’s March 12, 2018 order granting the City of Dallas’s motion to quash and for protective order. Because it did not appear the challenged order was appealable, we questioned our jurisdiction over the appeal. See Lehmann v. Har-Con, 39 S.W.3d 191, 195 (Tex. 2001) (subject to mostly statutory exceptions, appeal may be taken only from judgment that disposes of all pending parties and claims); see also Pelt v. State Bd. of Ins., 802 S.W.2d 822, 826 (Tex. App.—Austin 1990, no writ) (discovery order generally is interlocutory in nature and not immediately appealable) At our request, the parties filed jurisdictional briefs. Additionally, Phillips filed an amended notice of appeal. In the amended notice of appeal, Phillips challenges the trial court’s April 9, 2018 orders denying her request for appointment of counsel and motion to modify the associate judge’s order granting the City’s second motion to quash and for protective order. Neither one of these orders, however, confers jurisdiction on the Court, and nothing in Phillips’s brief demonstrates our jurisdiction. See Robinson v. Curran, No. 05-02-01224-CV, 2002 WL 2013667 (Tex. App.—Dallas Sept. 4, 2002, no pet.) (interlocutory appeal of denial of appointment of counsel not authorized); Pelt, 802 S.W.2d at 826. Accordingly, we dismiss for want of jurisdiction the appeal and all pending motions including the “emergency motion to accelerate deadline date for clerk’s record,” motions “for free appellate record,” and “emergency expedited motion requesting production of clerk’s record, supplemental record, and reporter’s record in paper forms/copies.” See TEX. R. APP. P. 42.3(a). /Bill Whitehill/ BILL WHITEHILL JUSTICE 180317F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT DELORIS PHILLIPS, Appellant No. 05-18-00317-CV On Appeal from the 254th Judicial District Court, Dallas County, Texas Trial Court Cause No. DF-18-00541. Opinion delivered by Justice Whitehill, Justices Francis and Fillmore participating. V. PORSHALA PHILLIPS AND WILLIAM BRENT, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered May 16, 2018. –3–
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