Jeff Spence and Carrie Spence v. Federal Home Loan Mortgage Corporation ( 2024 )

NUMBER 13-24-00174-CV
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
JEFF SPENCE AND
CARRIE SPENCE, Appellants,
v.
FEDERAL HOME LOAN
MORTGAGE CORPORATION, Appellee.
ON APPEAL FROM THE COUNTY COURT AT LAW
OF JIM WELLS COUNTY, TEXAS
MEMORANDUM OPINION
Before Justices Benavides, Longoria, and Silva
Memorandum Opinion by Justice Silva
On April 8, 2024, appellants Jeff Spence and Carrie Spence filed a notice of appeal
attempting to appeal a final judgment of possession in trial court cause number 24-01-
63514-CV. The notice of appeal indicates the appeal is being taken to the Thirteenth
Court of Appeals. On June 5, 2024, the Clerk of the Court notified appellants that it
appears this Court does not have jurisdiction over the matter. Appellants were further
notified that if the defect was not corrected within ten days from the date of the notice, the
appeal would be dismissed for want of jurisdiction. See TEX. R. APP. P. 42.3.
Our jurisdiction is limited to the cases arising from within its district. See TEX.
CONST. art. V, § 6(a) (providing that the courts of appeals “shall have appellate jurisdiction
co-extensive with the limits of their respective districts . . . as may be prescribed by law”);
TEX. GOV’T. CODE ANN. § 22.220(a) (providing that the courts of appeals have jurisdiction
over cases “within its district of which the district courts or county courts have
jurisdiction”). Jim Wells County is not in our appellate district. Compare TEX. GOV’T. CODE
§ 22.201(n) (listing the twenty counties within the Thirteenth Court of Appeals District),
with id. § 22.201(e) (listing Jim Wells County as one of the counties within the jurisdiction
of the Fourth Court of Appeals District). This cause, arising from a case in Jim Wells
County, is not within our jurisdiction.
To date, appellants have neither cured the jurisdictional defect nor responded to
the Clerk’s notice. After ten days’ notice to all parties, we may dismiss a case for want of
jurisdiction. TEX. R. APP. P. 42.3(a). Accordingly, we dismiss this appeal for want of
jurisdiction. See id.
CLARISSA SILVA
Justice
Delivered and filed on the
27th day of June, 2024.
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