Housing Authority, City of Edgewood v. Sanders

693 S.W.2d 2, 1985 Tex. App. LEXIS 7131

• Court: Court of Appeals of Texas
• Decided: April 18, 1985
• Docket: 12-83-0197-CV
• Status: Published

Opinions

PER CURIAM.

Housing Authority, City of Edge-wood, plaintiff/appellant, initiated this suit for forcible detainer against G.E. Sanders, defendant/appellee, in the Justice Court, Precinct One, Van Zandt County, on April 1, 1983. Apparently, sometime later, the suit went to trial before the justice of the peace; however, no judgment signed by the justice of the peace appears in the record.¹ We need look no further. The record affirmatively shows that the county court was without jurisdiction to entertain the purported appeal from the justice court. A justice court judgment is a prerequisite to an appeal to the county court. Rules 557, 558, and 748, TEX.R.CIV.P.; Pullin v. Parrish, 806 S.W.2d 241 (Tex.Civ.App.— San Antonio 1957, writ ref'd).

The judgment of the county court is reversed, and the appeal proceedings pending therein are dismissed.

1 . After the trial of the de novo appeal in the county court, the county judge found that no judgment was signed by the justice of the peace in the cause.