Kris Briscoe v. Cortland Glade Parks [Steven DeFrancis, President] 2801 Brazos Blvd., Euless, TX 76039

VACATE AND DISMISS and Opinion Filed May 18, 2022
S In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-01170-CV
KRIS BRISCOE, Appellant
V.
BRAZOS TX PARTNERS, LLC D/B/A CORTLAND GLADE PARKS,
Appellee
On Appeal from the County Court at Law No. 2
Collin County, Texas
Trial Court Cause No. 002-04276-2021
MEMORANDUM OPINION
Before Justices Molberg, Reichek, and Garcia
Opinion by Justice Reichek
The underlying lawsuit for damages began in the justice court and was filed
in the county court as an appeal from the justice court’s summary judgment.
Appellant appeals from the county court’s order granting appellee’s motion to
dismiss as untimely and remanding the case to the justice court. After reviewing the
clerk’s record, we questioned our jurisdiction over the appeal and directed appellant
to file a letter brief with an opportunity for appellee to respond.
This Court’s jurisdiction over the merits of a case extends no further than that
of the court from which the appeal is taken. See Dallas Cty. Appraisal Dist. v. Funds
Recovery, Inc., 887 S.W.2d 465, 468 (Tex. App.—Dallas 1994, writ denied). If the
trial court lacked jurisdiction, then an appellate court only has jurisdiction to set the
judgment aside and dismiss the cause. See id.A party in a justice court may appeal to the county court only from a final
judgment that disposes of all parties and claims. See TEX. CIV. PRAC. & REM. CODE
ANN. § 51.001(a); TEX. R. CIV. P. 506.3; Lehmann v. Har-Con Corp. 39 S.W.3d 191,
195 (Tex. 2001). Based on the record before the Court, the justice court has not
rendered a final judgment. In its answer filed in the justice court, appellee asserted
a counterclaim for attorney’s fees. The justice court’s order granting appellee’s
motion for summary disposition and ordering that appellant take nothing on her
claims did not dispose of the counterclaim. Thus, the justice court’s summary
judgment was interlocutory and the county court did not acquire jurisdiction. See
id. 39 S.W.3d at 195.
In her letter brief, appellant does not dispute the summary judgment is not
final. She then addresses the merits and asserts that both the justice court erred in
granting summary judgment and the county court erred in dismissing her case as
untimely. We do not reach the merits of the underlying action. When, as here, the
county court lacked jurisdiction, we have jurisdiction only to set aside the order and
dismiss the cause. See Funds Recovery, Inc., 887 S.W.2d at 468. Accordingly, we
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vacate the county court’s December 17, 2021 “Order Remanding Case to Justice
Court for Want of Jurisdiction” and dismiss the cause. See id.
/Amanda L. Reichek/
AMANDA L. REICHEK
JUSTICE
211170F.P05
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S
Court of Appeals
Fifth District of Texas at Dallas
JUDGMENT
KRIS BRISCOE, Appellant On Appeal from the County Court at
Law No. 2, Collin County, Texas
No. 05-21-01170-CV V. Trial Court Cause No. 002-04276-
2021.
BRAZOS TX PARTNERS, LLC Opinion delivered by Justice
D/B/A CORTLAND GLADE Reichek. Justices Molberg and
PARKS, Appellee Garcia participating.
In accordance with this Court’s opinion of this date, we VACATE the trial
court’s December 17, 2021 “Order Remanding Case to Justice Court for Want of
Jurisdiction” and dismiss the cause.
Judgment entered May 18, 2022
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