Michael Bryant Martinez v. Jasmine Rebecca Brown ( 2023 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
___________________________
No. 02-23-00280-CV
___________________________
MICHAEL BRYANT MARTINEZ, Appellant
V.
JASMINE REBECCA BROWN, Appellee
On Appeal from the 325th District Court
Tarrant County, Texas
Trial Court No. 325-708018-21
Before Womack, Wallach, and Walker, JJ.
Memorandum Opinion by Justice Womack
MEMORANDUM OPINION
Appellant Michael Bryant Martinez, proceeding pro se, seeks to appeal the trial
court’s sanctions order that ordered him to pay $1,800 to Appellee Jasmine Rebecca
Brown.1
On August 29, 2023, we notified Martinez of our concern that we lack
jurisdiction over this appeal because the sanctions order does not appear to be a final
judgment or appealable interlocutory order. See Lehmann v. Har-Con Corp., 39 S.W.3d
191, 195, 200 (Tex. 2001) (holding that, generally, appeals may be taken only from
final judgments or interlocutory orders authorized by statute); Sanchez v. Spiral Diner &
Bakery, No. 02-22-00185-CV, 2022 WL 2753446, at *1 (Tex. App.—Fort Worth
July 14, 2022, no pet.) (mem. op.) (“A sanctions order that does not dispose of all
parties and all issues is not an appealable order.”); Rohani v. Tastee Kreme #2 Inc.,
No. 05-21-01161-CV, 2022 WL 632168, at *1 (Tex. App.—Dallas Mar. 4, 2022, no
pet.) (mem. op.) (“It is well-settled that an appeal may not be taken from an
interlocutory discovery sanctions order.”).
We informed Martinez that unless he or any party desiring to continue the
appeal filed a response by September 8, 2023, showing grounds for continuing the
appeal, we could dismiss it for want of jurisdiction. See Tex. R. App. P. 42.3(a), 44.3.
1
From what we can glean from the sanctions order and Martinez’s notice of
appeal, the sanctions order was entered due to Martinez’s failure to respond to
discovery and/or to provide documents responsive to discovery requests.
2
Martinez has not filed a response. Accordingly, we dismiss this appeal for want of
jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Sanchez, 2022 WL 2753446, at *1;
Rohani, 2022 WL 632168, at *1.
Dana Womacki
Dana Womack
Justice
Delivered: October 19, 2023
3