25807 TWH LTD and 25807 TWH GP, LLC v. TWH Limited Partnership

• Court: Texas Supreme Court
• Decided: February 16, 2017
• Docket: 09-16-00238-CV
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________ NO. 09-16-00238-CV ____________________

25807 TWH LTD and 25807 TWH GP, LLC, Appellants

V.

TWH LIMITED PARTNERSHIP, Appellee ________________________________________________________________________

On Appeal from the County Court at Law No. 2 Montgomery County, Texas Trial Cause No. 16-29339 ________________________________________________________________________

MEMORANDUM OPINION

TWH Limited Partnership, Appellee, filed a motion to dismiss for lack of

jurisdiction the appeal of 25807 TWH LTD and 25807 TWH GP, LLC, Appellants.

Appellee contends the appeal is from a judgment in an eviction suit involving

premises that are not used only for residential purposes, and the judgment is only for

possession. The appellants did not file a response to the appellee’s motion to dismiss

the appeal.

The trial court signed the judgment on June 10, 2016. The judgment is only

for possession. At the time the trial court rendered judgment in this case, Section

24.007 of the Texas Property Code provided, “A final judgment of a county court in

an eviction suit may not be appealed on the issue of possession unless the premises

in question are being used for residential purposes only.” Tex. Prop. Code Ann. §

24.007 (West Supp. 2016). It is undisputed that Appellants used the premises at issue

for commercial purposes and not for residential purposes. Therefore, we are without

jurisdiction to review the county court’s determination “on the issue of possession

of the commercial premises or any finding that is essential to the issue of

possession.” Serrano v. Francis Props. I, Ltd., 411 S.W.3d 661, 665 (Tex. App.—

El Paso 2013, pet. denied). The appellants failed to identify an issue that we may

consider in this appeal. Accordingly, we grant Appellee’s motion to dismiss, and we

dismiss the appeal for lack of jurisdiction.

APPEAL DISMISSED.

________________________________ CHARLES KREGER Justice

Submitted on February 15, 2017 Opinion Delivered February 16, 2017

Before Kreger, Horton, and Johnson, JJ. 2