Chuan Chen and M. Tayari Garrett v. Deborah Lushia, 5335 Bent Tree Forest Drive Condominiums Homeowner's Association Inc. and Management of Associations and Communities, Inc. ( 2022 )

DISMISS and Opinion Filed October 7, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00170-CV
CHUAN CHEN AND M. TAYARI GARRETT, Appellants
V.
DEBORAH LUSHIA, 5335 BENT TREE FOREST DRIVE
CONDOMINIUMS HOMEOWNERS’ ASSOCIATION INC., AND
MANAGEMENT OF ASSOCIATIONS AND COMMUNITIES, INC.,
Appellees
On Appeal from the 192nd Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-21-17249
MEMORANDUM OPINION
Before Justices Molberg, Pedersen, III, and Goldstein
Opinion by Justice Goldstein
Appellants Chuan Chen and her attorney M. Tayari Garrett appeal from the
trial court’s February 15, 2022 order transferring a case from county court to the
underlying district court and awarding sanctions against Garrett. We questioned our
jurisdiction over this appeal because there did not appear to be a final judgment or
other appealable order. As directed, the parties filed letter briefs 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). A final judgment is one that disposes of all
parties and claims. See Lehmann, 39 S.W.3d at 195. A transfer order pursuant to
local rules is neither a final judgment nor an interlocutory order for which an appeal
is authorized by statute. See Payne v. Eley, No. 05-20-00506-CV, 2020 WL
2316068, at *1 (Tex. App.—Dallas May 11, 2020, no pet.); see also Albrecht v. Bank
of New York Mellon for CWABS, Inc., Asset-Backed Certificates, Series 2005-17,
No. 05-17-00272-CV, 2018 WL 992023, at *4 (Tex. App.—Dallas Feb. 21, 2018,
pet. denied) (mem. op.) (appeal from final judgment following transfer, pursuant to
local rule 1.06, of new case to court that previously dismissed related case for want
of prosecution).
In the underlying case, Chen filed an application for temporary restraining
order, temporary injunction, and permanent injunction in district court. The district
court conducted a hearing on Chen’s request for a temporary restraining order on
December 3, 2021. Following the hearing, Chen filed a notice of nonsuit of her
entire case.1 The trial court signed an order dismissing the case without prejudice
on December 8.
1
The notice of nonsuit is viewable on the trial court’s website.
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On December 13, Chen filed an identical lawsuit in county court. Without
notice to appellees, the county court held a hearing and signed a temporary
restraining order on December 17. In response, appellees filed, on December 23, a
motion to transfer the related case from county court back to the district court and
motion for sanctions against Garrett for failing to disclose that the county court case
was related to the district court case as required by local rules. Appellees filed an
amended motion to transfer on January 25. By order signed on February 16, 2022,
the district court granted appellees’ motion and transferred the county court lawsuit
to itself. The district court also awarded sanctions against Garrett.
Although appellants filed a letter brief, they fail to cite any authority allowing
a direct appeal of an order of transfer pursuant to local court rules. Because the
appealed order is not subject to appellate review, we dismiss the appeal for want of
jurisdiction. See TEX. R. APP. P. 42.3(a).
/Bonnie Lee Goldstein/
BONNIE LEE GOLDSTEIN
JUSTICE
220170F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
CHUAN CHEN AND M. TAYARI On Appeal from the 192nd Judicial
GARRETT, Appellants District Court, Dallas County, Texas
Trial Court Cause No. DC-21-17249.
No. 05-22-00170-CV V. Opinion delivered by Justice
Goldstein. Justices Molberg and
DEBORAH LUSHIA, 5335 BENT Pedersen, III participating.
TREE FOREST DRIVE
CONDOMINIUMS
HOMEOWNERS’ ASSOCIATION
INC., AND MANAGEMENT OF
ASSOCIATIONS AND
COMMUNITIES, INC., Appellees
In accordance with this Court’s opinion of this date, the appeal is
DISMISSED.
It is ORDERED that appellees DEBORAH LUSHIA, 5335 BENT TREE
FOREST DRIVE CONDOMINIUMS HOMEOWNERS’ ASSOCIATION INC.
AND MANAGEMENT OF ASSOCIATIONS AND COMMUNITIES, INC.
recover their costs of this appeal from appellants CHUAN CHEN AND M. TAYARI
GARRETT.
Judgment entered October 7, 2022
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