Regina Cyphers v. Children's Alliance of South Texas, Lorelei Iris Voronin, Christina Martinez and Alexandra Torres

Summary

The Fourth Court of Appeals of Texas dismissed Regina Cyphers’s appeal for want of jurisdiction. The trial court’s TCPA dismissal order was interlocutory because it expressly reserved determination of mandatory court costs, attorney’s fees, and expenses, and the appellant did not respond to the appellate court’s show-cause order.

Holdings

1. An order granting a TCPA motion to dismiss is not a final, appealable judgment when the order expressly leaves the determination and award of mandatory costs and reasonable attorney's fees and expenses unresolved.
2. The court dismissed the appeal for want of jurisdiction because the notice of appeal challenged an interlocutory order rather than a final, appealable judgment.

Questions Presented

1. Whether the trial court's TCPA dismissal order was a final, appealable judgment when the court had not yet determined mandatory costs and reasonable attorney's fees and expenses.
2. Whether the appeal should be dismissed for want of appellate jurisdiction.

Disposition

dismissed