Author Manning the II, and the Graphic Knights v. Sony and Sony Playstation ( 2021 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-21-00263-CV
Author Manning The II and The Graphic Knights, Appellants
v.
Sony and Sony Playstation, Appellees
FROM THE JUSTICE COURT PRECINCT 3 OF TRAVIS COUNTY
NO. J2-CV-21-001083
THE HONORABLE PAMELA SUSAN LANCASTER, JUDGE PRESIDING
NO. 03-21-00264-CV
Author Manning The II and The Graphic Knights, Appellants
v.
Nintendo, Appellee
FROM THE JUSTICE COURT PRECINCT 3 OF TRAVIS COUNTY
NO. J2-CV-21-001053
THE HONORABLE PAMELA SUSAN LANCASTER, JUDGE PRESIDING
MEMORANDUM OPINION
Appellant Author Manning The II has filed two notices of appeal1 complaining of
dismissal orders signed by the Travis County Justice of the Peace, Precinct 2. Our jurisdiction,
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Appellant’s notices of appeal each reference a specific justice-court cause number—in
cause number 03-21-00263-CV, he referenced J2-CV-21-001083, and in cause number
03-21-00264-CV, referenced J2-CV-21-001053. However, he attached to the notices of appeal a
total of twenty-six dismissals that are identical except for their justice-court cause numbers and
the defendants’ names (nine name Nintendo and seventeen name Sony and Sony Playstation).
however, is limited to appeals from judgments by the district or county courts in our district
boundaries. See Tex. Gov’t Code Ann. § 22.220(a). An appeal from an order rendered by a
justice court generally must be brought in the county court. Tex. Civ. Prac. & Rem. Code
§ 51.001(a) (appeal from final judgment by justice court is to county or district court); Molina
v. Molina, No. 03-19-00101-CV, 2019 WL 2127893, at *1 (Tex. App.—Austin May 16, 2019,
no pet.) (mem. op.); Whisenhunt v. Hill, No. 02-12-00310-CV, 2012 WL 3733868, at *1 (Tex.
App.—Fort Worth Aug. 30, 2012, no pet.) (mem. op.).
We asked appellant how we might exercise jurisdiction over these appeals. He
responded with a “Motion to Appeal,” in which he states that he “would like to Appeal the
dismissal concerning motion to Dismiss because of jurisdictions,” that “[t]he Defendant does
operate in Travis County,” that “[b]y State Jurisdictions Rules a business can be sued by any
county district theu operate a business in,” and that “[t]he Defendant operates business in Travis
County.” This response, however, does not explain how this Court might exercise jurisdiction
over appellant’s attempted appeals from the justice court’s orders. We therefore dismiss both
appeals for want of jurisdiction. See Tex. R. App. P. 42.3(a).
__________________________________________
Darlene Byrne, Chief Justice
Before Chief Justice Byrne, Justices Triana and Kelly
Dismissed for Want of Jurisdiction
Filed: July 9, 2021
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