Chelsea L. Davis v. McKool Smith, P.C.

Summary

The Fifth District Court of Appeals of Texas dismissed the appeal for lack of jurisdiction because the challenged consolidation and implied stay orders were neither final judgments nor appealable interlocutory orders. The court ordered McKool Smith, P.C. to recover its appellate costs from Chelsea L. Davis.

Holdings

1. Neither the order transferring and consolidating the cases nor the alleged implied order staying the action constituted a final judgment or an otherwise appealable interlocutory order.
2. The appeal must be dismissed because the court lacked jurisdiction over an appeal from a nonfinal and nonappealable order.

Questions Presented

1. Whether the appellate court had jurisdiction over an appeal from an order transferring and consolidating the case with another case.
2. Whether the alleged implied order staying the action was a final judgment or otherwise appealable interlocutory order.
3. Whether the appeal should be dismissed for lack of appellate jurisdiction.

Disposition

dismissed