DISMISS and Opinion Filed July 16, 2013.
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00573-CV
RADIANT DARKSTAR PRODUCTION, LLC, Appellant
V.
PHILIP B. SAUER, Appellee
On Appeal from the 134th Judicial District Court
Dallas County, Texas
Trial Court Cause No. DC-13-02152
MEMORANDUM OPINION
Before Justices Lang, Myers, and Evans
Opinion by Justice Lang
This is an appeal from the trial court’s April 4, 2013 order overruling Radiant Darkstar
Productions, LLC’s motion to dissolve prejudgment writs of garnishment and emergency motion
to release funds deposited in the registry of the court. Because it appeared these interlocutory
orders were unappealable, we directed the parties to file letter briefs addressing our jurisdiction
over the appeal. See In re Tex. Am. Express, Inc., 190 S.W.3d 720, 727 (Tex. App.—2005, orig.
proceeding) (“As a general rule, writs and orders issued to aid judgment creditors in collecting
on their judgments are not appealable.”). In its letter brief, Radiant Darkstar stated it had also
filed a petition for writ of mandamus and had brought the appeal “in an abundance of caution” in
the event certain portions of the challenged orders were determined to be injunctive in nature.
See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(4) (West Supp. 2012) (allowing appeal
from interlocutory order of district court granting or refusing a temporary injunction or granting
or overruling a motion to dissolve temporary injunction). By opinion filed June 25, 2013, the
Court conditionally granted Darkstar’s petition for writ of mandamus, specifically finding
Darkstar has no adequate remedy at law. See In re Radiant Darkstar Prod., L.L.C., 05-13-
00586-CV, 2013 WL 3239672 (Tex. App.—Dallas June 25, 2013, orig. proceeding) (mem. op.).
Because the complained of orders are unappealable interlocutory orders and in light of this
Court’s June 25th opinion, we dismiss this appeal. See TEX. R. APP. P. 42.3(a); Tex. Am.
Express, 190 S.W.3d at 727.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
130573F.P05
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Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
RADIANT DARKSTAR PRODUCTION, On Appeal from the 134th Judicial District
LLC, Appellant Court, Dallas County, Texas
Trial Court Cause No. DC-13-02152.
No. 05-13-00573-CV V. Opinion delivered by Justice Lang. Justices
Myers and Evans participating.
PHILIP B. SAUER, Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
We ORDER that appellee Philip B. Sauer recover his costs of this appeal from appellant
Radiant Darkstar Production, LLC.
Judgment entered this 16th day of July, 2013.
/Douglas S. Lang/
DOUGLAS S. LANG
JUSTICE
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