Wayneonise Mims v. Jessie Dwayne Sargent

• Court: Court of Appeals of Texas
• Decided: March 30, 2023
• Docket: 05-22-00888-CV
• Status: Published

Opinion

DISMISS and Opinion Filed March 30, 2023

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00888-CV

WAYNEONISE MIMS, Appellant V. JESSIE DWAYNE SARGENT, Appellee

On Appeal from the County Court at Law No. 5 Dallas County, Texas Trial Court Cause No. CC-21-05014-E

MEMORANDUM OPINION Before Chief Justice Burns, Justice Pedersen, III, and Justice Goldstein Opinion by Chief Justice Burns This is an appeal from a county court’s July 11, 2022 dismissal order. The

underlying small claims case began in the justice court and was filed in the county

court as an appeal from the justice court’s judgment. See TEX. R. CIV. P. 506.1(a).

The deadline for filing an appeal from the justice court to the county court was

twenty-one days after the justice court’s judgment was signed. See id. The appeal,

however, was filed more than five months after the deadline.1

1 Appellant filed the appeal bond on November 11, 2021. We note the appeal bond states the justice court’s judgment was signed on October 18, 2021. The record before this Court reflects the judgement was signed on May 6, 2021. The record does not contain a judgment signed on October 18, 2021. A county court lacks jurisdiction over an untimely filed appeal from justice

court, and our jurisdiction extends no further than the county court’s jurisdiction.

Williams v. Schneiber, 148 S.W.3d 581, 583 (Tex. App.—Fort Worth 2004, no

pet.); Dallas Cty. Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465, 468

(Tex. App.—Dallas 1994, writ denied). Because appellant’s appeal of the justice

court’s judgment to the county court was untimely, we directed appellant to file a

letter brief addressing the jurisdictional issue and cautioned him that failure to

comply may result in dismissal of the appeal without further notice. See TEX. R.

APP. P. 42.3(c). Appellant did not file a letter brief and the time to do so has

passed.

When, as here, the county court lacked jurisdiction due to an untimely

appeal, we have jurisdiction only to set aside the judgment and dismiss the cause.

See Funds Recovery, Inc., 887 S.W.2d at 468. Accordingly, we vacate the county

court’s July 11, 2022 order and dismiss the cause.

/Robert D. Burns, III/ ROBERT D. BURNS, III CHIEF JUSTICE 220888F.P05

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

WAYNEONISE MIMS, Appellant On Appeal from the County Court at Law No. 5, Dallas County, Texas No. 05-22-00888-CV V. Trial Court Cause No. CC-21-05014- E. JESSIE DWAYNE SARGENT, Opinion delivered by Chief Justice Appellee Burns. Justices Pedersen, III and Goldstein participating.

In accordance with this Court’s opinion of this date, we VACATE the trial court’s July 11, 2022 order and DISMISS this cause.

Judgment entered March 30, 2023

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