DocketNumber： 05-21-01161-CV
Filed Date： 3/4/2022
Status： Precedential
Modified Date： 3/9/2022
DISMISS and Opinion Filed March 4, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-01161-CV FARZAD ROHANI, SOROUSH ROUHANI, FARSHAD ROUHANI AND MASHID ROUHANI, Appellants V. TASTEE KREME #2 INC., VAHID KARAMI, AND FARIBA REIHANI, Appellees On Appeal from the 44th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-19-15477 MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Smith Opinion by Justice Smith This appeal from two interlocutory discovery sanctions orders was filed December 28, 2021. By motion filed February 4, 2022, appellees assert the orders are not appealable and request dismissal of the appeal as well as damages under Texas Rule of Appellate Procedure 45. Appellants have not filed a response. It is well-settled that an appeal may not be taken from an interlocutory discovery sanctions order. See Bodnow Corp. v. City of Hondo,721 S.W.2d 839
, 840 (Tex. 1986) (per curiam) (discovery sanctions order is appealable upon final judgment). Accordingly, we grant the request to dismiss and dismiss the appeal. See TEX. R. APP. P. 42.3(a); Bodnow, 721 S.W.2d at 840. We deny the request for damages. /Craig Smith/ CRAIG SMITH JUSTICE 211161F.P05 –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT FARZAD ROHANI, SOROUSH On Appeal from the 44th Judicial ROUHANI, FARSHAD ROUHANI District Court, Dallas County, Texas AND MASHID ROUHANI, Trial Court Cause No. DC-19-15477. Appellants Opinion delivered by Justice Smith, Chief Justice Burns and Justice No. 05-21-01161-CV V. Molberg participating. TASTEE KREME #2 INC., VAHID KARAMI AND FARIBA REIHANI, Appellees In accordance with this Court’s opinion of this date, we DISMISS the appeal. We ORDER that appellees Tastee Kreme #2 Inc., Vahid Karami and Fariba Reihani recover their costs, if any, of this appeal from appellants Farzad Rohani, Soroush Rouhani, Farshad Rouhani and Mashid Rouhani. Judgment entered March 4, 2022. –3–