COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-18-00026-CV
KELLY THOMAS APPELLANT
V.
CARL PUGLIESE; SETH JOHNS, APPELLEES
CMO OF CARL’S HANDYMAN;
AND CULPEPPER PLUMBING &
AIR CONDITIONING, INC.
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FROM COUNTY COURT AT LAW NO. 2 OF DENTON COUNTY
TRIAL COURT NO. CV-2016-01764
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MEMORANDUM OPINION1
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This is the fourth appeal brought by appellant Kelly Thomas arising from
her pending lawsuit against appellees Carl Pugliese, Seth Johns, and Culpepper
Plumbing & Air Conditioning, Inc. As we have with her three prior appeals, we
dismiss this appeal.
1
See Tex. R. App. P. 47.4.
In 2016, Thomas filed suit against the appellees, alleging that they had
performed defective plumbing services at her home. See Thomas v. Pugliese,
No. 02-17-00423-CV, 2018 WL 547596, at *1 (Tex. App.—Fort Worth Jan. 25,
2018, no pet. h.) (mem. op.) (discussing Thomas’s prior appeals against the
appellees). On November 28, 2017, the trial court granted the appellees’ motion
for sanctions against Thomas and warned that it would dismiss her claims “[i]f
any [sanctions] payments are not delivered, either timely or in full” to the
appellees. To date, the trial court has not dismissed Plaintiff’s claims. Thomas
attempts to appeal this order for the second time. As we noted in our prior
dismissal of Thomas’s first attempt to appeal this order, it is not a final or
otherwise appealable order. See id. at *1–2.
We notified Thomas of our jurisdictional concerns. See Tex. R. App. P.
44.3. And although Thomas responded, she did not establish our jurisdiction
over her attempted appeal.2 We dismiss Thomas’s appeal for want of
jurisdiction.3 See Tex. R. App. P. 42.3, 43.2(f).
PER CURIAM
PANEL: GABRIEL, KERR, and PITTMAN, JJ.
DELIVERED: February 8, 2018
2
She asserted that her claims had been dismissed in the sanctions order;
however, they were not.
3
Because we do not have jurisdiction over this appeal, we dismiss
Thomas’s motion to transfer as moot.
2