Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a Subsidiary of Maxus Properties, L.L.C. ( 2021 )

DISMISS and Opinion Filed December 13, 2021
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-00857-CV
BYRON HUTCHINGS, ANITA HUTCHINGS, HAYLEY HUTCHINGS,
AND HUNTER HUTCHINGS, Appellants
V.
MELROSE ACQUISITION, L.L.C., A SUBSIDIARY OF MAXUS
PROPERTIES, L.L.C., Appellee
On Appeal from Justice Court Precinct Three, Place Two
Dallas County, Texas
Justice Court Cause No. JE19-04654N
MEMORANDUM OPINION
Before Justices Schenck, Osborne, and Partida-Kipness
Opinion by Justice Partida-Kipness
This appeal, filed October 1, 2021, complains of the justice court’s October
30, 2019 order of eviction and purported failure to notify the county court of
appellants’ November 2019 appeal from that order. Because civil appeals to a court
of appeals may generally only be taken from a district or county court’s final
judgment in which the amount in controversy exceeds $250, see TEX. CIV. PRAC. &
REM. CODE § 51.012, we questioned our jurisdiction over this appeal.
In response to our request for jurisdictional briefing, appellants filed three
letter briefs, asserting, in relevant part, that the amount-in-controversy exceeds
$100,000.1 The amount-in-controversy threshold, however, is not the only
prerequisite; a final judgment from a district or county court is also required. See
TEX. CIV. PRAC. & REM. CODE § 51.012. Because the appeal complains of the justice
court, we lack jurisdiction. See id. Accordingly, we dismiss the appeal. See TEX. R.
APP. P. 42.3(a).
/Robbie Partida-Kipness/
ROBBIE PARTIDA-KIPNESS
JUSTICE
210857F.P05
1
Appellants also assert they timely filed their appeal to the county court and ask that we compel the
justice of the peace and justice court clerk to file the clerk’s and reporter’s records.
–2–
S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
BYRON HUTCHINGS, ANITA On Appeal from Justice Court
HUTCHINGS, HAYLEY Precinct Three, Place Two, Dallas
HUTCHINGS, AND HUNTER County, Texas
HUTCHINGS, Appellants Trial Court Cause No. JE19-04654N.
Opinion delivered by Justice Partida-
No. 05-21-00857-CV V. Kipness, Justices Schenck and
Osborne participating.
MELROSE ACQUISITION, L.L.C.,
A SUBSIDIARY OF MAXUS
PROPERTIES, L.L.C., Appellee
In accordance with this Court’s opinion of this date, we DISMISS the appeal.
Judgment entered December 13, 2021.
–3–