Poresha Polk v. La Hacienda Apt. ( 2023 )

VACATE AND DISMISS and Opinion Filed March 6, 2023
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-01236-CV
PORESHA POLK, Appellant
V.
LA HACIENDA APT., Appellee
On Appeal from the County Court at Law No. 4
Dallas County, Texas
Trial Court Cause No. CC-22-02474-D
MEMORANDUM OPINION
Before Justices Reichek, Nowell, and Garcia
Opinion by Justice Reichek
We questioned our jurisdiction over this appeal in the underlying forcible
detainer lawsuit because it appeared the appealed judgment was signed outside the
trial court’s plenary power. We directed the parties to file letter briefs addressing
the jurisdictional issue. Appellant filed a letter brief. Appellee did not.
On July 7, 2022, the trial court dismissed the case. One hundred and twenty-
three days later, on November 7, 2022, well after its plenary power expired, the
trial court vacated the dismissal order and reinstated the case. See TEX. R. CIV. P.
329b. The trial court signed the appealed judgment on November 17, 2022
awarding possession of the premises, past-due rent, and attorney’s fees to appellee.
A judgment signed after the trial court’s plenary power has expired is void.
See State ex. rel Latty v. Owens, 907 S.W.2d 484, 486 (Tex. 1995) (per curiam).
When an appeal is taken from a void judgment, an appellate court cannot reach the
merits of the appeal but can only vacate the void judgment and dismiss the appeal.
See id.Although appellant filed a letter brief, her arguments are difficult to
decipher. She appears to assert that the trial court’s November 17th judgment is
void and the July 7th dismissal order is the final judgment. We agree.
Because the appealed judgment was signed outside the trial court’s plenary
power, we lack jurisdiction to consider the merits of the appeal. Accordingly, we
vacate the November 17th judgment and dismiss the appeal. See id. The July 7th
dismissal order is the final judgment in the case.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
221236F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
PORESHA POLK, Appellant On Appeal from the County Court at
Law No. 4, Dallas County, Texas
No. 05-22-01236-CV V. Trial Court Cause No. CC-22-02474-
D.
LA HACIENDA APT., Appellee Opinion delivered by Justice Reichek.
Justices Nowell and Garcia
participating.
In accordance with this Court’s opinion of this date, the trial court’s
November 17, 2022 judgment is VACATED and the appeal is DISMISSED.
Judgment entered this 6th day of March 2023.
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