Holly Bone a/k/a Holly Martin v. David Tyler Moss, et al. Appeal from 68th Judicial District Court of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed November 19, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00803-CV HOLLY BONE A/K/A HOLLY MARTIN, Appellant V. DAVID TYLER MOSS AND FIDELISSIMUS LLC, Appellees On Appeal from the 68th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-20-09893 MEMORANDUM OPINION Before Justices Schenck, Osborne, and Partida-Kipness Opinion by Justice Partida-Kipness Appellant appeals the trial court’s order denying appellant’s motion to vacate turnover orders. After reviewing the clerk’s record, we questioned our jurisdiction over this appeal because the order did not appear to be appealable. See Abira Med. Labs, LLC v. St. Jude Med. SC, Inc., No. 14-17-00849-CV, 2018 WL 3911084, at *2 (Tex. App.—Houston [14th Dist.] Aug. 16, 2018, no pet.) (mem. op.); see also TEX. R. APP. P. 26.1. At our request, the parties filed letter briefs addressing our concern. In her letter brief, appellant states she has no objection to the appeal being dismissed for want of jurisdiction. Appellees do not dispute our lack of jurisdiction, but request that this Court remand the case for assessment of attorney’s fees and costs pursuant to rules 43.3 and 43.4 or the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 43.3, 43.4. We dismiss the appeal and order that appellees recover their costs, if any, of this appeal from appellant. See TEX. R. APP. P. 42.3(a), 43.4. We deny appellees’ request for remand. See id. 43.2(f). /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 210803F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT HOLLY BONE A/K/A HOLLY MARTIN, Appellant No. 05-21-00803-CV On Appeal from the 68th Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-20-09893. Opinion delivered by Justice PartidaKipness, Justices Schenck and Osborne participating. V. DAVID TYLER MOSS AND FIDELISSIMUS, LLC, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees David Tyler Moss and Fidelissimus, LLC recover their costs, if any, of this appeal from appellant Holly Bone a/k/a Holly Martin. Judgment entered November 19, 2021. –3–
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