Paula Willie & Occupants v. the Place Apts. ( 2019 )

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
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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.
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