Joseph Yammine v. Emad Taq

• Court: Court of Appeals of Texas
• Decided: October 19, 2023
• Docket: 02-22-00404-CV
• Status: Published

Opinion

In the Court of Appeals Second Appellate District of Texas at Fort Worth ___________________________ No. 02-22-00404-CV ___________________________

JOSEPH YAMMINE, Appellant

V.

EMAD TAQ, Appellee

On Appeal from County Court at Law No. 1 Tarrant County, Texas Trial Court No. 2022-005127-1

Before Wallach, J.; Sudderth, C.J.; and Walker, J. Per Curiam Memorandum Opinion MEMORANDUM OPINION

Appellant Joseph Yammine filed this appeal from the trial court’s forcible

detainer judgment against him. The trial court’s judgment awarded Appellee Emad

Taq possession of the premises at issue, and Yammine’s brief challenges the

sufficiency of the evidence establishing that Taq had superior right to possession.

The Texas Property Code provides that a county court’s judgment in an

eviction suit may not be appealed “on the issue of possession” unless the property in

question is used only for residential purposes. Tex. Prop. Code Ann. § 24.007. Here,

however, the record suggests that the property in question is commercial property,

and Yammine confirmed at trial that it was not his residence. Accordingly, on

September 15, 2023, we notified Yammine of our concern that we did not have

jurisdiction over this appeal. We cautioned Yammine that we would dismiss the

appeal unless he or another party filed a response showing grounds for the appeal’s

continuance. See Tex. R. App. P. 42.3(a), 44.3. We have not received a response.

Because this appeal raises the issue of possession, but the trial evidence

demonstrates that the property was not used for residential purposes, we dismiss this

appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a), 43.2(f); Kinsella v. Kent

Sports Holdings, L.P., 636 S.W.3d 331, 332 (Tex. App.—Amarillo 2021, no pet.) (per

curiam).

Per Curiam

Delivered: October 19, 2023