Jeffory G. Snowden v. Tracy Edmondson Gamble D.B.A. Frisco Strong ( 2020 )

DISMISS and Opinion Filed January 29, 2020
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-01500-CV
JEFFORY G. SNOWDEN, Appellant
V.
TRACY EDMONDSON GAMBLE D/B/A FRISCO STRONG, Appellee
On Appeal from the 366th Judicial District Court
Collin County, Texas
Trial Court Cause No. 366-02116-2018
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Chief Justice Burns
Appellant appeals from the trial court’s November 15, 2019 interlocutory order granting
the motion to dismiss pursuant to the Texas Citizens Participation Act (TCPA) filed by appellee,
one of three defendants. See TEX. CIV. PRAC. & REM. CODE ANN. § 27.003. The Court questioned
its jurisdiction over this appeal because only an order denying a TCPA motion is subject to an
interlocutory appeal. See id. § 51.014(a)(12). We instructed appellant to file a letter brief
addressing the Court’s concern with an opportunity for appellee to file a response. The parties
complied.
Appellant filed a letter brief stating his notice of appeal was filed in error. He also filed a
second amended notice of appeal stating that he is appealing two interlocutory orders signed on
January 10, 2020. As stated in our letter dated January 24, 2020, appellant may not file an amended
notice of appeal to add new orders. See TEX. R. APP. P. 25.1(g) (amended notice of appeal allowed
to correct a defect or omission in an earlier filed notice of appeal).
Appellant appealed the order granting appellee’s TCPA motion to dismiss. Because this
order is not subject to an interlocutory appeal, we dismiss this appeal. See TEX. R. APP. P. 42.3(a).
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
191500F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
JEFFORY G. SNOWDEN, Appellant On Appeal from the 366th Judicial District
Court, Collin County, Texas
No. 05-19-01500-CV V. Trial Court Cause No. 366-02116-2018.
Opinion delivered by Chief Justice Burns.
TRACY EDMONDSON GAMBLE D/B/A Justices Molberg and Nowell participating.
FRISCO STRONG, Appellee
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee TRACY EDMONDSON GAMBLE D/B/A FRISCO
STRONG recover her costs of this appeal from appellant JEFFORY G. SNOWDEN.
Judgment entered January 29, 2020.
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