Bernice H. Hines, D/B/A Krestmont Kiddie College v. JPMorgan Chase Bank, N.A.

• Court: Court of Appeals of Texas
• Decided: October 9, 2008
• Docket: 14-08-00707-CV
• Status: Published

Opinion

Dismissed and Memorandum Opinion filed October 9, 2008

Dismissed and Memorandum Opinion filed October 9, 2008.

In The

Fourteenth Court of Appeals

____________

NO. 14-08-00707-CV

BERNICE H. HINES, d/b/a KRESTMONT KIDDIE COLLEGE, Appellant

V.

JPMORGAN CHASE BANK, N.A., ET AL., Appellees

On Appeal from the County Civil Court at Law No. 4

Harris County, Texas

Trial Court Cause No. 918346

M E M O R A N D U M  O P I N I O N

This is an appeal from a judgment by the County Court at Law No. 4 in Harris County, awarding possession of certain property to appellee.  No costs or damages were awarded.

On September 9, 2008, appellee filed a motion to dismiss, claiming that section 24.007 of the Property Code prohibits appeal of the issue of possession in an eviction suit unless the premises were used for residential purposes.  Appellant filed no response to the motion to dismiss.

Section 24.007 states:

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 (Vernon 2000).  See also Hong Kong Dev., Inc. v. Nguyen, 229 S.W.3d 415, 431 (Tex. App.BHouston [1st Dist.] 2007, no pet.).

The judgment in this case concerns only possession of the premises in that it awards possession to appellee, JPMorgan Chase Bank.  The record also shows that the premises were being used for commercial purposes.

Because appeal of the judgment in this case is prohibited by statute, we grant appellee=s motion to dismiss.

Accordingly, the appeal is ordered dismissed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed October 9, 2008.

Panel consists of Justices Yates, Seymore, and Boyce.