Tashayla Crum v. Camp Wisdom/Westmorland Ltd. a Texas Limited Partnership

• Court: Court of Appeals of Texas
• Decided: September 4, 2024
• Docket: 05-24-00908-CV
• Status: Published

Opinion

Dismissed and Opinion Filed September 4, 2024

In The Court of Appeals Fifth District of Texas at Dallas No. 05-24-00908-CV

TASHAYLA CRUM, Appellant V. CAMP WISDOM/WESTMORLAND LTD., Appellee

On Appeal from the County Court at Law No. 3 Dallas County, Texas Trial Court Cause No. CC-24-03906-C

MEMORANDUM OPINION Before Justices Smith, Miskel, and Breedlove Opinion by Justice Miskel

This is an appeal from County Court at Law No. 3, Dallas County, Texas in a

forcible-detainer action. By order dated August 15, 2024, we questioned our

jurisdiction over this appeal because a motion filed by appellant reflected that the

premises in question are being used for commercial and not residential purposes. We

explained that this appeal is subject to dismissal for want of jurisdiction because

§ 24.007 of the Texas Property Code authorizes an appeal from a final judgment of

a county court on the issue of possession in an eviction suit so long as the premises

in question are being used for residential purposes. See TEX. PROP. CODE ANN. § 24.007. We cautioned appellant that this appeal may be dismissed without further

notice if appellant did not file a letter brief by August 26, 2024, showing cause why

the appeal should not be dismissed for want of jurisdiction.

In response to our order, appellant filed a letter wherein she concedes that the

premises in question are being used for commercial purposes. But appellant does not

explain why this Court has jurisdiction over her appeal. Appellant merely requests

to remain in possession of the premises to give her more time to post a bond. Because

the premises in question are being used for commercial purposes, this Court lacks

jurisdiction over an appeal from the county court at law’s judgment as it relates to

the issue of possession. TEX. PROP. CODE ANN. § 24.007; Yogurt Culture Inc. v.

Houston House Ltd. P’ship, No. 01-18-00658-CV, 2018 WL 4131144, at *1 (Tex.

App.—Houston [1st Dist.] Aug. 30, 2018, no pet.) (mem. op.) (per curiam).

Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP.

P. 42.3(a).

We also deny as moot appellant’s August 15, 2024 motion for emergency

stay.

/Emily Miskel/ 240908f.p05 EMILY MISKEL JUSTICE

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

TASHAYLA CRUM, Appellant On Appeal from the County Court at Law No. 3, Dallas County, Texas No. 05-24-00908-CV V. Trial Court Cause No. CC-24-03906- C. CAMP Opinion delivered by Justice Miskel. WISDOM/WESTMORLAND LTD., Justices Smith and Breedlove Appellee participating.

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

Judgment entered this 4th day of September, 2024.

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