Court of Civil Appeals of Texas, 2000

Sue Triplett v. Margaret Greenway

Sue Triplett v. Margaret Greenway
Court of Civil Appeals of Texas · Decided June 15, 2000

Sue Triplett v. Margaret Greenway

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN






NO. 03-00-00363-CV


Sue Triplett, Appellant


v.



Margaret Greenway, Appellee








FROM THE DISTRICT COURT OF HAYS COUNTY, 207TH JUDICIAL DISTRICT

NO. 2000-0339, HONORABLE DON B. MORGAN, JUDGE PRESIDING


PER CURIAM

Appellant Sue Triplett filed a "Notice of Interlocutory Appeal" that also requested temporary relief to stay the trial court's referral to mediation and a non-jury trial setting for June 19, 2000. Triplett has filed her interlocutory appeal from a trial court order denying her motion to compel plaintiff in the underlying suit to submit to a mental examination. Such a discovery order is interlocutory and not immediately appealable in the absence of express statutory authority. See Pelt v. State Bd. of Ins., 802 S.W.2d 822, 827 (Tex. App.--Austin 1990, no writ). We do not find express statutory authority for an interlocutory appeal from this type of discovery order. Accordingly, we dismiss the interlocutory appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). We deny appellant's request for temporary relief.







Before Justices Kidd, B. A. Smith and Yeakel



Dismissed for Want of Jurisdiction



Filed: June 15, 2000



Do Not Publish

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