Francisco Hernandez v. National Church Residences of Grand Prairie, TX D/B/A Lennox House Apartments

VACATE and DISMISS and Opinion Filed August 27, 2019
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00705-CV
FRANCISCO HERNANDEZ, Appellant
V.
NATIONAL CHURCH RESIDENCES OF GRAND PRAIRIE, TX D/B/A LENNOX
HOUSE APARTMENTS, Appellee
On Appeal from the County Court at Law No. 5
Dallas County, Texas
Trial Court Cause No. CC-19-02631-E
MEMORANDUM OPINION
Before Chief Justice Burns, Justice Molberg, and Justice Nowell
Opinion by Chief Justice Burns
This is an appeal from the county court at law’s order evicting Franciso Hernanez from the
apartment he occupied. National Church Residences of Grand Prairie d/b/a Lennox House
Apartments filed the forcible detainer action in justice court and, after the justice court granted
judgment in favor of National Church Residences, Hernandez appealed to the county court.
Hernandez’s appeal to the county court was filed on April 3, 2019, six days after the March
28, 2019 judgment. Because an appeal from a justice court’s order of eviction to the county court
must be filed within five days of judgment, we questioned the county court’s jurisdiction over the
appeal and in turn, our jurisdiction. See TEX. R. CIV. P. 510.9(a) (appeal in eviction cases must be
filed within five days of judgment); William v. Schneiber, 148 S.W.3d 581, 583 (Tex. App.—Fort
Worth 2004, no pet.) (county court lacks jurisdiction over untimely-filed appeal bond from justice
court); Dallas Cty. Appraisal Dist. v. Funds Recovery, Inc., 887 S.W.2d 465, 468 (Tex. App.—
Dallas 1994, writ denied) (appellate court jurisdiction extends no further than that of court from
which appeal is taken). We directed Hernandez to file a letter brief addressing our concern no
later than July 29, 2019 and cautioned that failure to comply could result in dismissal of the cause
without further notice. See TEX. R. APP. P. 42.3(a),(c); Funds Recovery, 887 S.W.2d at 468. To
date, Hernandez has not responded.
When, as here, the county court lacked jurisdiction, we have jurisdiction only to set aside
the judgment and dismiss the cause. Accordingly, we VACATE the county court’s May 24, 2019
judgment and dismiss the cause. See Funds Recovery, 887 S.W.2d at 468.
/Robert D. Burns, III/
ROBERT D. BURNS, III
CHIEF JUSTICE
190705F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
FRANCISCO HERNANDEZ, Appellant On Appeal from the County Court at Law
No. 5, Dallas County, Texas
No. 05-19-00705-CV V. Trial Court Cause No. CC-19-02631-E.
Opinion delivered by Chief Justice Burns,
NATIONAL CHURCH RESIDENCES OF Justices Molberg and Nowell participating.
GRAND PRAIRIE, TX D/B/A LENNOX
HOUSE APARTMENTS, Appellee
In accordance with this Court’s opinion of this date, we VACATE the county court’s
May 24, 2019 judgment and DISMISS the cause.
Judgment entered August 27, 2019
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