Petra Ugarte v. Eureka Holdings Acquisitions, LP, and 2019 FOREAL, LP

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
NO. 03-20-00083-CV
Petra Ugarte, Appellant
v.
Eureka Holdings Acquisitions, LP, and 2019 FOREAL, LP, Appellees
FROM COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY
NO. C-1-CV-19-008503, THE HONORABLE ERIC SHEPPERD, JUDGE PRESIDING
MEMORANDUM OPINION
Petra Ugarte appeals the county court at law’s final judgment rendered in
appellees’ suit for forcible detainer awarding appellees possession of the premises at issue.
However, the legislature has limited this Court’s jurisdiction in appeals from such proceedings
by enacting Section 24.007 of the Property Code: “A final judgment of a county court in an
eviction suit may not be appealed on the issue of possession unless the premises in question are
being used for residential purposes only.” Tex. Prop. Code § 24.007; Volume Millwork, Inc. v.
West Hous. Airport Corp., 218 S.W.3d 722, 726–27 (Tex. App.—Houston [1st Dist.] 2006, pet.
denied); Carlson’s Hill Country Beverage, L.C. v. Westinghouse Rd. Joint Venture, 957 S.W.2d
951, 952–53 (Tex. App.—Austin 1997, no pet.). The county court at law did not make a finding
that the premises are being used for residential purposes only, nor does the record evidence
support such a finding; rather, the evidence demonstrates that the premises are being used, at
least in part, for commercial purposes. Furthermore, this Court has provided Ugarte with notice
that her suit may be dismissed for want of jurisdiction unless she can demonstrate that this Court
has jurisdiction over her appeal under Section 24.007, but Ugarte has not so demonstrated.
We, accordingly, dismiss this appeal for want of jurisdiction. See Tex. R. App.
P. 42.3. We additionally lift our temporary stay of the trial court’s issuance of writ of possession.
__________________________________________
Thomas J. Baker, Justice
Before Chief Justice Byrne, Justices Baker and Kelly
Dismissed for Want of Jurisdiction
Filed: May 21, 2021
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