Huifen Lang v. City of Garland Municipal Court

Opinion

DISMISS and Opinion Filed December 15, 2021

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00522-CV

HUIFEN LANG, Appellant V. CITY OF GARLAND MUNICIPAL COURT, Appellee

On Appeal from the County Court at Law No. 1 Dallas County, Texas Trial Court Cause No. CC-20-03691-A

MEMORANDUM OPINION Before Chief Justice Burns, Justice Molberg, and Justice Goldstein Opinion by Chief Justice Burns We questioned our jurisdiction over the order on appeal and directed the

parties to file letter briefs addressing our concern. The parties have complied.

Appellant appeals from the order of the county court at law ordering the

forfeiture of certain animals. See TEX. HEALTH & SAFETY CODE ANN. § 821.025(a).

Section 821.025(e) of the Texas Health and Safety Code provides: “The decision of

the county court or county court at law under this section is final and may not be

further appealed.” See id. § 821.025(e); see also Smalley v. Four Brown & White

Paint Horses, No. 01-20-00103-CV, 2020 WL 2026488, at *1 (Tex. App.—Houston

[1st Dist.] Apr. 28, 2020, no pet.) (dismissing appeal of county court order divesting appellant of seized animals pursuant to section 821.025). Although appellant filed

a letter brief, nothing therein demonstrates our jurisdiction over this appeal.

Because appellant is prohibited by statute from appealing the county court’s

order, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a).

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

210522F.P05

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

HUIFEN LANG, Appellant On Appeal from the County Court at Law No. 1, Dallas County, Texas No. 05-21-00522-CV V. Trial Court Cause No. CC-20-03691- A. CITY OF GARLAND MUNICIPAL Opinion delivered by Chief Justice COURT, Appellee Burns. Justices Molberg and Goldstein participating.

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

It is ORDERED that appellee CITY OF GARLAND MUNICIPAL COURT recover its costs of this appeal from appellant HUIFEN LANG.

Judgment entered December 15, 2021

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