Kodi McCuin v. Vinyard at the Ranch ( 2019 )

DISMISS and Opinion Filed October 7, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00992-CV
KODI MCCUIN, Appellant
V.
VINYARD AT THE RANCH, Appellee
On Appeal from the Justice Court
Dallas County, Texas
Trial Court Cause No. JE-1903335
MEMORANDUM OPINION
Before Justices Bridges, Molberg, and Partida-Kipness
Opinion by Justice Bridges
Appellant attempts to appeal a judgment from a justice court. By letter dated August 26,
2019, the Court questioned its jurisdiction over this appeal and instructed appellant to file, by
September 5, 2019, a letter brief addressing the Court’s concern. We cautioned appellant that
failure to comply may result in dismissal of the appeal without further notice. To date, appellant
has not complied.
Appeals from justice courts generally lie either in the county or the district court. See TEX.
CIV. PRAC. & REM. CODE ANN. § 51.001(a). Consequently, a justice court judgment cannot be
appealed directly to the court of appeals. See TEX. GOV’T CODE ANN. § 22.220(a); Tejas Elevator
Co. v. Concord Elevator, Inc., 982 S.W.2d 578, 579 (Tex. App.—Dallas 1998, no pet.) (mem.op.).
Because this Court lacks jurisdiction to hear appeals from justice courts, we dismiss this
appeal and appellant’s pending motion for stay. See TEX. R. APP. P. 42.3(a).
/David L. Bridges/
DAVID L. BRIDGES
JUSTICE
190992F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KODI MCCUIN, Appellant On Appeal from the Justice Court, Dallas
County, Texas
No. 05-19-00992-CV V. Trial Court Cause No. JE-1903335.
Opinion delivered by Justice Bridges.
VINYARD AT THE RANCH, Appellee Justices Molberg and Partida-Kipness
participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED.
It is ORDERED that appellee VINYARD AT THE RANCH recover its costs of this appeal
from appellant KODI MCCUIN.
Judgment entered October 7, 2019
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