David L. Perry v. Amber Vista ( 2022 )

DISMISS and Opinion Filed April 21, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-22-00099-CV
DAVID L. PERRY, Appellant
V.
AMBER VISTA, Appellee
On Appeal from the County Court at Law No. 7
Collin County, Texas
Trial Court Cause No. 007-04368-2021
MEMORANDUM OPINION
Before Justices Myers, Carlyle, and Goldstein
Opinion by Justice Myers
This is an appeal from the county court at law’s judgment of eviction. The
eviction proceeding began in the justice court and was filed in the county court as
an appeal from the justice court’s judgment. See TEX. R. CIV. P. 510.3(b), 510.10.
The deadline for filing the appeal from the justice court to the county court was five
days after the justice court’s judgment was signed. See id. 510.9(a). The appeal,
however, was filed seven days after the deadline.
Because a county court lacks jurisdiction over an untimely filed appeal from
justice court, and our jurisdiction over the merits of this cause extends no further
than the county court’s jurisdiction, we directed appellant to file a letter brief
addressing our jurisdiction. See Williams v. Schneiber, 148 S.W.3d 581, 583 (Tex.
App.—Fort Worth 2004, no pet.); Dallas Cty. Appraisal Dist. v. Funds Recovery,
Inc., 887 S.W.2d 465, 468 (Tex. App.—Dallas 1994, writ denied). More than ten
days have passed and appellant has not responded.
When, as here, the county court lacked jurisdiction, we have jurisdiction only
to set aside the judgment and dismiss the cause. See Funds Recovery, Inc., 887
S.W.2d at 468. Accordingly, we vacate the county court’s eviction judgment and
dismiss the cause. See id.
/Lana Myers/
LANA MYERS
JUSTICE
220099F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
DAVID L. PERRY, Appellant On Appeal from the County Court at
Law No. 7, Collin County, Texas
No. 05-22-00099-CV V. Trial Court Cause No. 007-04368-
2021.
AMBER VISTA, Appellee Opinion delivered by Justice Myers,
Justices Carlyle and Goldstein
participating.
In accordance with this Court’s opinion of this date, we VACATE the county
court at law’s January 27, 2022 judgment and DISMISS the cause.
Judgment entered April 21, 2022.
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