Langston v. Freese & Goss, PLLC
Dallas Court of Appeals, No. 05-15-00458-CV (October 6, 2015)
Chief Justice Wright (Opinion) and Justices Lang-Miers and Stoddart
Shane Langston claimed he was the victim of discovery abuse in a case in which he was not a party. The trial court denied his motion for sanctions, and he appealed that order. The Dallas Court of Appeals, after sua sponte requesting briefing on its jurisdiction, dismissed the appeal. The Court rejected Langston’s argument that the order denying sanctions was final as to him, a nonparty. Although Langston cited cases from other jurisdictions allowing similar appeals by nonparties, the Court held it had no authority under Texas law to consider an appeal of the order, which was neither a final judgment nor an interlocutory order appealable by statute.