Anita Hutchings and Hayley Hutchings v. Hoover Slovacek LLP ( 2021 )

DISMISS and Opinion Filed December 6, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00931-CV
ANITA HUTCHINGS AND HAYLEY HUTCHINGS, Appellants
V.
THE BERSHIRE COMPANIES, L.P. D/B/A
THE KRUPP COMPANIES, L.P., DANA HAMPTON,
AGENT TIGOR HARDONO, AGENT CHRISTINA HILLEBRAND,
AGENT JOHN WU, AGENT CHELSEA ANTON, CONSERVICE, L.L.C.,
PARCEL PENDING, INC., QUADIENT, INC., HOOVER SLOVACEK
ATTORNEYS AT LAW, LLP, HOWARD BOOKSTAFF,
COLBY BINFORD, AND DANIEL EDMUNDS, Appellees
On Appeal from the 471st Judicial District Court
Collin County, Texas
Trial Court Cause No. 471-02530-2021
MEMORANDUM OPINION
Before Justices Pedersen, III, Goldstein, and Smith
Opinion by Justice Smith
The Court questioned its jurisdiction over this appeal as there did not appear
to be an appealable order. We directed appellants to file a letter brief addressing our
concern with an opportunity for appellees to file a response. Appellants have
complied.
Generally, appellate courts have jurisdiction only over appeals from final
judgments and certain interlocutory orders as permitted by statute. See Lehmann v.
Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001); see also TEX. CIV. PRAC. & REM.
CODE ANN. § 51.014(a). A final judgment is one that disposes of all parties and
claims. See Lehman, 39 S.W.3d at 195.
Appellants filed a lawsuit against thirteen defendants. Four of those
defendants, appellees Hoover Slovacek Attorneys at Law, LLP, Howard Bookstaff,
Colby Binford, and Daniel Edmunds, filed a motion to dismiss pursuant to the Texas
Citizen’s Participation Act (TCPA). See TEX. CIV. PRAC. & REM. CODE ANN. §
27.003. Appellants appeal from the trial court’s September 7, 2021 order granting
that motion. That order, however, is neither a final judgment, as it does not dispose
of all parties and all claims, nor an appealable interlocutory order. See id.
§ 51.014(a)(12) (party may appeal an interlocutory order denying a TCPA motion
to dismiss). We note that the order states it is “final as to the severed cause.”
However, the record before this Court does not contain a severance order.
Although appellants filed a letter brief, nothing therein demonstrates our
jurisdiction over this appeal.1 We dismiss the appeal for want of jurisdiction. See
TEX. R. APP. P. 42.3(a).
/Craig Smith/
CRAIG SMITH
JUSTICE
210931F.P05
1
Appellants note the District Clerk has not provided them with a copy of the clerk’s record which
impacts their ability to respond to our jurisdictional letter. Appellants, however, do not assert that a final
judgment exists.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
ANITA HUTCHINGS AND On Appeal from the 471st Judicial
HAYLEY HUTCHINGS, Appellants District Court, Collin County, Texas
Trial Court Cause No. 471-02530-
No. 05-21-00931-CV V. 2021.
Opinion delivered by Justice Smith.
THE BERSHIRE COMPANIES, L.P. Justices Pedersen, III and Goldstein
D/B/A THE KRUPP COMPANIES, participating.
L.P., DANA HAMPTON, AGENT
TIGOR HARDONO, AGENT
CHRISTINA HILLEBRAND,
AGENT JOHN WU, AGENT
CHELSEA ANTON,
CONSERVICE, L.L.C., PARCEL
PENDING, INC., QUADIENT,
INC., HOOVER SLOVACEK
ATTORNEYS AT LAW, LLP,
HOWARD BOOKSTAFF, COLBY
BINFORD, AND DANIEL
EDMUNDS, Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
Judgment entered December 6, 2021
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