Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a Subsidiary of Maxus Properties, L.L.C.

CourtCourt of Appeals of Texas
DecidedDecember 3, 2021
Docket05-21-00858-CV
StatusPublished

This text of Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a Subsidiary of Maxus Properties, L.L.C. (Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a Subsidiary of Maxus Properties, L.L.C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a Subsidiary of Maxus Properties, L.L.C., (Tex. Ct. App. 2021).

Opinion

DISMISS and Opinion Filed December 3, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00858-CV

BYRON HUTCHINGS, ANITA HUTCHINGS, HAYLEY HUTCHINGS, AND HUNTER HUTCHINGS, Appellants V. MELROSE ACQUISITION, L.L.C., A SUBSIDIARY OF MAXUS PROPERTIES, L.L.C., Appellee

On Appeal from the Justice Court Precinct 3, Place 2 Dallas County, Texas Trial Court Cause No. JE-19-0002N

MEMORANDUM OPINION Before Justices Pedersen, III, Goldstein, and Smith Opinion by Justice Goldstein In their notice of appeal, appellants state they are appealing from the justice

court’s failure to issue an order. In a related appeal, appellate cause number 05-21-

00857-CV, we questioned our jurisdiction over the appeal that also arose from

justice court. As requested, appellants filed a letter brief in that appeal and filed it

in this appeal as well. Accordingly, we address our jurisdiction over this appeal.

A court of appeals lacks jurisdiction over direct appeals from a justice court.

See Ortiz v. Scott, No. 07-05-0378-CV, 2005 WL 2777371, at *1 (Tex. App.—

Amarillo Oct. 26, 2005, no pet.) (mem. op.). Nothing in appellants’ letter brief supports a contrary conclusion. Accordingly, we dismiss the appeal for want of

jurisdiction. See TEX. R. APP. P. 42.3(a).

/Bonnie Lee Goldstein/ BONNIE LEE GOLDSTEIN JUSTICE

210858F.P05

–2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

BYRON HUTCHINGS, ANITA On Appeal from the Justice Court HUTCHINGS, HAYLEY Precinct 3, Place 2, Dallas County, HUTCHINGS, AND HUNTER Texas HUTCHINGS, Appellants Trial Court Cause No. JE-19-0002N. Opinion delivered by Justice No. 05-21-00858-CV V. Goldstein. Justices Pedersen, III and Smith participating. MELROSE ACQUISITION, L.L.C., A SUBSIDIARY OF MAXUS PROPERTIES, L.L.C., Appellee

In accordance with this Court’s opinion of this date, the appeal is DISMISSED.

Judgment entered December 3, 2021

–3–

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Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a Subsidiary of Maxus Properties, L.L.C., Counsel Stack Legal Research, https://law.counselstack.com/opinion/byron-hutchings-anita-hutchings-hayley-hutchings-and-hunter-hutchings-v-texapp-2021.