David Lee Daniels III v. Katina Snow ( 2022 )

DISMISS and Opinion Filed December 13, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00873-CV
DAVID LEE DANIELS III, Appellant
V.
KATINA SNOW, CHILD SUPPORT AGENCY, ATWORK GROUP,
NANCY DELGADO, JAZMINE WELLS CASTILLO, MARITZA DE
JESUS, MARIA CARRILLO, AMANDA ALVEY, AND
KR YOUNG STAFFING TX557, Appellees
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-22-05096
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Goldstein
Opinion by Chief Justice Burns
We questioned our jurisdiction over this appeal from the trial court’s August
18, 2022 dismissal order as it did not appear the order disposed of all parties and
claims or that the order was otherwise appealable. See Jack B. Anglin Co., Inc. v.
Tipps, 842 S.W.2d 266, 272 (Tex. 1992) (appeal may only be taken from final
judgments that dispose of all parties and claims or interlocutory orders authorized
by statute). As reflected in the record, appellant filed the underlying suit against
Katina Snow, Child Support Agency, AtWork Group, Nancy Delgado, Jazmine
Wells Castillo, Maritza De Jesus, Maria Carrillo, Amanda Alvey, and KR Young
Staffing TX557. The appealed order dismissed the claims against KR Young
Staffing, AtWork Group, Delgado, Castillo, De Jesus, Carrillo, and Alvey by
granting their Rule 91a motion, see TEX. R. CIV. P. 91a (concerning baseless causes
of action), but did not address the claims against Snow and the Child Support
Agency. Although we directed appellant to file a letter brief addressing our concern
and cautioned appellant that failure to comply could result in the appeal being
dismissed, see TEX. R. APP. P. 42.3(a),(c), more than ten days have passed and
appellant has not complied. Accordingly, on the record before us, we dismiss the
appeal. See id. 42.3(a); see also Koenig v. Blaylock, 497 S.W.3d 595, 598 n.4 (Tex.
App.—Austin 2016, pet. denied) (noting no statute authorizes interlocutory appeal
from order denying Rule 91a motion).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220873F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DAVID LEE DANIELS III, On Appeal from the 134th Judicial
Appellant District Court, Dallas County, Texas
Trial Court Cause No. DC-22-05096.
No. 05-22-00873-CV V. Opinion delivered by Chief Justice
Burns, Justices Molberg and
KATINA SNOW, CHILD Goldstein participating.
SUPPORT AGENCY, ATWORK
GROUP, NANCY DELGADO,
JAZMINE WELLS CASTILLO,
MARITZE DE JESUS, MARIA
CARRILLO, AMANDA ALVEY,
AND KR YOUNG STAFFING
TX557, Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered December 13, 2022.
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