Francisco Hernandez v. National Church Residences of Grand Prairie, TX D/B/A Lennox House Apartments

• Court: Court of Appeals of Texas
• Decided: August 27, 2019
• Docket: 05-19-00705-CV
• Status: Published

Opinion

VACATE and DISMISS and Opinion Filed August 27, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00705-CV

FRANCISCO HERNANDEZ, Appellant V. NATIONAL CHURCH RESIDENCES OF GRAND PRAIRIE, TX D/B/A LENNOX HOUSE APARTMENTS, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-19-02631-E

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Nowell Opinion by Chief Justice Burns This is an appeal from the county court at law’s order evicting Franciso Hernanez from the

apartment he occupied. National Church Residences of Grand Prairie d/b/a Lennox House

Apartments filed the forcible detainer action in justice court and, after the justice court granted

judgment in favor of National Church Residences, Hernandez appealed to the county court.

Hernandez’s appeal to the county court was filed on April 3, 2019, six days after the March

28, 2019 judgment. Because an appeal from a justice court’s order of eviction to the county court

must be filed within five days of judgment, we questioned the county court’s jurisdiction over the

appeal and in turn, our jurisdiction. See TEX. R. CIV. P. 510.9(a) (appeal in eviction cases must be

filed within five days of judgment); William v. Schneiber, 148 S.W.3d 581, 583 (Tex. App.—Fort

Worth 2004, no pet.) (county court lacks jurisdiction over untimely-filed appeal bond from justice court); Dallas Cty. Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465, 468 (Tex. App.—

Dallas 1994, writ denied) (appellate court jurisdiction extends no further than that of court from

which appeal is taken). We directed Hernandez to file a letter brief addressing our concern no

later than July 29, 2019 and cautioned that failure to comply could result in dismissal of the cause

without further notice. See TEX. R. APP. P. 42.3(a),(c); Funds Recovery, 887 S.W.2d at 468. To

date, Hernandez has not responded.

When, as here, the county court lacked jurisdiction, we have jurisdiction only to set aside

the judgment and dismiss the cause. Accordingly, we VACATE the county court’s May 24, 2019

judgment and dismiss the cause. See Funds Recovery, 887 S.W.2d at 468.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE

190705F.P05

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

FRANCISCO HERNANDEZ, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-19-00705-CV V. Trial Court Cause No. CC-19-02631-E. Opinion delivered by Chief Justice Burns, NATIONAL CHURCH RESIDENCES OF Justices Molberg and Nowell participating. GRAND PRAIRIE, TX D/B/A LENNOX HOUSE APARTMENTS, Appellee

In accordance with this Court’s opinion of this date, we VACATE the county court’s May 24, 2019 judgment and DISMISS the cause.

Judgment entered August 27, 2019

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