E-Spectrum Advisors LLC v. Shenandoah Resources LLC

DISMISS; and Opinion Filed October 25, 2016. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01061-CV E-SPECTRUM ADVISORS LLC, Appellant V. SHENANDOAH RESOURCES LLC, Appellee On Appeal from the 95th Judicial District Court Dallas County, Texas Trial Court Cause No. DC-15-10891 MEMORANDUM OPINION Before Chief Justice Wright, Justice Lang-Miers, and Justice Stoddart Opinion by Justice Lang-Miers Seeking to appeal the trial court’s interlocutory order granting appellee’s special exception and dismissing appellant’s claim for attorneys’ fees under section 38.001 of the civil practice and remedies code, appellant has filed a petition for permissive interlocutory appeal. We deny the petition and dismiss the appeal for want of jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(d) (West 2015); TEX. R. APP. P. 28.3, 42.3(a). /Elizabeth Lang-Miers/ ELIZABETH LANG-MIERS JUSTICE 161061F.P05 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT E-SPECTRUM ADVISORS LLC, Appellant On Appeal from the 95th Judicial District Court, Dallas County, Texas No. 05-16-01061-CV V. Trial Court Cause No. DC-15-10891. Opinion delivered by Justice Lang-Miers. SHENANDOAH RESOURCES LLC, Chief Justice Wright and Justice Stoddart Appellee participating. In accordance with this Court’s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee SHENANDOAH RESOURCES LLC recover its costs of this appeal from appellant E-SPECTRUM ADVISORS LLC. Judgment entered this 25th day of October, 2016. –2–