Paula Willie & Occupants v. the Place Apts.

• Court: Court of Appeals of Texas
• Decided: May 24, 2019
• Docket: 05-19-00110-CV
• Status: Published

Opinion

DISMISS; and Opinion Filed May 24, 2019.

In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00110-CV

PAULA WILLIE AND ALL OTHER OCCUPANTS, Appellants V. THE PLACE APARTMENTS, Appellee

On Appeal from the County Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC-18-06059-B

MEMORANDUM OPINION Before Justices Bridges, Brown, and Nowell Opinion by Justice Brown This is an appeal from an eviction suit initiated in justice court by appellee against

appellants of a certain apartment in Mesquite, Texas. As reflected in the record, the justice court

rendered judgment in favor of appellee on October 16, 2018, and appellants appealed to the

county court by filing a State of Inability to Afford Payment of Court Costs or an Appeal Bond

on October 23, 2018. The county court also rendered judgment in favor of appellee and

appellants filed this appeal.

Because an appeal from a justice court judgment in an eviction case must be filed no later

than five days after the judgment is signed and appellants filed their appeal seven days later, we

questioned the county court’s jurisdiction over the appeal and, in turn, our

jurisdiction. See TEX. R. CIV. P. 510.9(a) (deadline for appealing justice court judgment in eviction case); Wetsel v. Fort Worth Brake, Clutch, and Equip., Inc., 780 S.W.2d 952, 954 (Tex.

App.—Fort Worth 1989, no writ) (untimely appeal from justice court deprives county court of

jurisdiction to review justice court’s judgment); First State Bank & Trust Co. of Port Lavaca v.

Vector Corp., 427 S.W.2d 958, 960 (Tex. Civ. App.—Waco 1968, writ ref'd n.r.e.)

(appellate court jurisdiction extends no further than trial court’s). We directed appellants to file a

letter brief addressing our concern, but more than ten days have passed, and appellants have not

responded.

When, as here, the trial court lacked jurisdiction, we must set aside the judgment

and dismiss the cause. See Dallas Cty. Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465,

468 (Tex. App.—Dallas 1994, writ denied). Accordingly, we set aside the county court’s

judgment and dismiss the cause. See id.

/Ada Brown/ ADA BROWN JUSTICE

190110F.P05

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

PAULA WILLIE AND ALL OTHER On Appeal from the County Court at Law OCCUPANTS, Appellants No. 2, Dallas County, Texas Trial Court Cause No. CC-18-06059-B. No. 05-19-00110-CV V. Opinion delivered by Justice Brown. Justices Bridges and Nowell participating. THE PLACE APARTMENTS, Appellee

In accordance with this Court’s opinion of this date, the trial court’s January 18, 2019 judgment is SET ASIDE and this cause is DISMISSED.

It is ORDERED that appellee THE PLACE APARTMENTS recover its costs of this appeal from appellants PAULA WILLIE AND ALL OTHER OCCUPANTS.

Judgment entered this 24th day of May, 2019.

–3–