Ruth Torres v. Pursuit of Excellence, Inc., Dallas Ft Worth International Airport, and Marie Daiz ( 2022 )

DISMISS and Opinion Filed May 27, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00195-CV
RUTH TORRES, Appellant
V.
PURSUIT OF EXCELLENCE, INC., DALLAS FORT WORTH
INTERNATIONAL AIRPORT BOARD, MARK GALVAN, AND
MARIE DIAZ, Appellees
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-16-08711
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Smith
Opinion by Chief Justice Burns
By notice of appeal filed February 18, 2022, appellant seeks mandamus and
injunctive relief from the trial court’s failure to rule on a motion heard in April 2021.
Mandamus relief may be granted to compel a trial court to perform the ministerial
act of ruling on a properly filed, pending motion. See In re Shredder Co., L.L.C.,
225 S.W.3d 676, 679 (Tex. App.—El Paso 2006, orig. proceeding). However, a
mandamus proceeding is commenced by filing a petition in accordance with Texas
Rule of Appellate Procedure 52, not by filing a notice of appeal. See TEX. R. APP.
P. 52.1. Our jurisdiction to adjudicate appeals is separate from our jurisdiction to
grant mandamus and injunctive relief. See TEX. GOV’T CODE ANN. §§ 22.220 (civil
jurisdiction), 22.221 (writ power). A necessary prerequisite to invoking our
appellate jurisdiction is a final judgment that disposes of all parties and claims or an
interlocutory order authorized by statute or rule to be appealed, a prerequisite not
satisfied here. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001).
In response to a directive that she show cause why the appeal should not be
dismissed for want of jurisdiction, appellant filed a motion to reclassify the appeal
as an original proceeding, acknowledging no final judgment has been signed, and a
letter brief addressing our mandamus jurisdiction.1 We denied appellant’s motion,
however, on April 4, 2022, and subsequently denied a motion to reconsider.
Accordingly, having already declined to reclassify the appeal as an original
proceeding and with no appealable order or judgment before us, we dismiss the
appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
220195F.P05
1
Appellees Dallas/Fort Worth International Airport Board and Mark Galvan also filed letter briefs.
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RUTH TORRES, Appellant On Appeal from the 134th Judicial
District Court, Dallas County, Texas
No. 05-22-00195-CV V. Trial Court Cause No. DC-16-08711.
Opinion delivered by Chief Justice
PURSUIT OF EXCELLENCE, INC., Burns, Justices Molberg and Smith
DALLAS FORT WORTH participating.
INTERNATIONAL AIRPORT
BOARD, MARK GALVAN, AND
MARIE DIAZ, Appellees
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered May 27, 2022.
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