Recovery Funding Service, LLC, assignee of Hatton W. Sumners Foundation for the Study and Teaching of the Science of Self-Government, Inc., et al. v. James Amos, Jr., Stephen A. Batman, William D. Gross, Dennis McCustion, et al. Appeal from 162nd Judicial District Court of Dallas County (memorandum opinion)

Annotate this Case

Download PDF

DISMISS and Opinion Filed August 4, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00434-CV RECOVERY FUNDING SERVICE, LLC, ASSIGNEE OF HATTON W. SUMNERS FOUNDATION FOR THE STUDY AND TEACHING OF THE SCIENCE OF SELF-GOVERNMENT, INC., Appellant V. JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUSTION, REAGAN STEWART, AND MICHAEL L. WHALEN, Appellees On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC-21-11479 MEMORANDUM OPINION Before Justices Molberg, Reichek, and Garcia Opinion by Justice Garcia We questioned our jurisdiction over this appeal because there did not appear to be a final judgment and 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); TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a) (listing appealable interlocutory orders). Appellant sued appellees James Amos, Jr., Stephen Bateman, William Gross, Reagan Stewart, Michael Whaley, and Dennis McCuistion. With the exception of Mr. McCuistion, appellees filed motions to dismiss pursuant to Texas Rule of Civil Procedure 91a and the Texas Citizens Participation Act. See TEX. R. CIV. P. 91a; TEX. CIV. PRAC. & REM. CODE ANN. § 27.003. The trial court granted the motions. Appellant’s claims against Mr. McCuistion, however, remain pending. In its letter brief, appellant concedes that this Court lacks jurisdiction over this appeal at this time. We dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Dennise Garcia/ DENNISE GARCIA JUSTICE 220434F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT RECOVERY FUNDING SERVICE, LLC, ASSIGNEE OF HATTON W. SUMNERS FOUNDATION FOR THE STUDY AND TEACHING OF THE SCIENCE OF SELFGOVERNMENT, INC., Appellant No. 05-22-00434-CV On Appeal from the 162nd Judicial District Court, Dallas County, Texas Trial Court Cause No. DC-21-11479. Opinion delivered by Justice Garcia. Justices Molberg and Reichek participating. V. JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUSTION, REAGAN STEWART, AND MICHAEL L. WHALEN, Appellees In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellees JAMES AMOS, JR., STEPHEN A. BATMAN, WILLIAM D. GROSS, DENNIS MCCUSTION, REAGAN STEWART, AND MICHAEL L. WHALEN recover their costs of this appeal from appellant RECOVERY FUNDING SERVICE, LLC, ASSIGNEE OF HATTON W. SUMNERS FOUNDATION FOR THE STUDY AND TEACHING OF THE SCIENCE OF SELF-GOVERNMENT, INC. Judgment entered August 4, 2022 –3–

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.