Tabletop Media, LLC d/b/a Ziosk and Ziosk Payroll, LLC v. Greg Yoder, James Wyborny, and Nathan Salyer Appeal from 191st Judicial District Court of Dallas County (memorandum opinion)
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Dismiss; Opinion Filed December 20, 2019 In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-01411-CV TABLETOP MEDIA, LLC D/B/A ZIOSK AND ZIOSK PAYROLL, LLC, Appellants V. E LA CARTE, INC. D/B/A PRESTO, GREG YODER, JAMES WYBORNY, AND NATHAN SALYER, Appellees On Appeal from the 191st Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-02256 MEMORANDUM OPINION Before Justices Myers, Schenck, and Carlyle Opinion by Justice Schenck We questioned our jurisdiction over this appeal from the trial court's order partially granting a motion to dismiss under the Texas Citizens Participation Act (TCPA) as it appeared the interlocutory order was not appealable. See TEX. CIV. PRAC. REM. CODE § 51.014(a)(12) (allowing interlocutory appeal of order denying motion to dismiss under TCPA); Tex. A&M Univ. Sys. v. Koseoglu, 233 S.W.3d 835, 840 (Tex. 2007) (noting interlocutory orders are appealable only if allowed by statute); Schlumberger Ltd. v. Rutherford, 472 S.W.3d 881, 891 (Tex. App.—Houston [1st Dist.] 2015, no pet.) (dismissing appeal from partial grant of TCPA motion to dismiss for want of jurisdiction). Although we directed appellants to file a letter brief addressing our concern and cautioned them that failure to comply by December 5, 2019 could result in dismissal of the appeal without further notice, they have not complied. Accordingly, because the challenged order is not appealable, we dismiss the appeal and all pending motions for want of jurisdiction. See TEX. R. APP. P. 42.3(a); Schlumberger, 472 S.W.3d at 891. /David J. Schenck/ DAVID J. SCHENCK JUSTICE 191411F.P05 –2– Court of Appeals Fifth District of Texas at Dallas JUDGMENT TABLETOP MEDIA, LLC D/B/A ZIOSK AND ZIOSK PAYROLL, LLC, Appellant No. 05-19-01411-CV On Appeal from the 191st Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-19-02256. Opinion delivered by Justice Schenck, Justices Myers and Carlyle participating. V. E LA CARTE, INC. D/B/A PRESTO, GREG YODER, JAMES WYBORNY, AND NATHAN SALYER, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees E La Carte, Inc. d/b/a Presto, Greg Yoder, James Wyborny, and Nathan Salyer recover their costs, if any, of this appeal from appellants Tabletop Media, LLC d/b/a Ziosk and Ziosk Payroll, LLC. Judgment entered this 20th day of December, 2019. –3–
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