From Casetext: Smarter Legal Research

McCuin v. Vinyard at Ranch

Court of Appeals Fifth District of Texas at Dallas
Oct 7, 2019
No. 05-19-00992-CV (Tex. App. Oct. 7, 2019)

Opinion

No. 05-19-00992-CV

10-07-2019

KODI MCCUIN, Appellant v. VINYARD AT THE RANCH, Appellee


On Appeal from the Justice Court Dallas County, Texas
Trial Court Cause No. JE-1903335

MEMORANDUM OPINION

Before Justices Bridges, Molberg, and Partida-Kipness
Opinion by Justice Bridges

Appellant attempts to appeal a judgment from a justice court. By letter dated August 26, 2019, the Court questioned its jurisdiction over this appeal and instructed appellant to file, by September 5, 2019, a letter brief addressing the Court's concern. We cautioned appellant that failure to comply may result in dismissal of the appeal without further notice. To date, appellant has not complied.

Appeals from justice courts generally lie either in the county or the district court. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.001(a). Consequently, a justice court judgment cannot be appealed directly to the court of appeals. See TEX. GOV'T CODE ANN. § 22.220(a); Tejas Elevator Co. v. Concord Elevator, Inc., 982 S.W.2d 578, 579 (Tex. App.—Dallas 1998, no pet.) (mem.op.).

Because this Court lacks jurisdiction to hear appeals from justice courts, we dismiss this appeal and appellant's pending motion for stay. See TEX. R. APP. P. 42.3(a).

/David L. Bridges/

DAVID L. BRIDGES

JUSTICE 190992F.P05

JUDGMENT

On Appeal from the Justice Court, Dallas County, Texas
Trial Court Cause No. JE-1903335.
Opinion delivered by Justice Bridges. Justices Molberg and Partida-Kipness participating.

In accordance with this Court's opinion of this date, the appeal is DISMISSED.

It is ORDERED that appellee VINYARD AT THE RANCH recover its costs of this appeal from appellant KODI MCCUIN. Judgment entered October 7, 2019


Summaries of

McCuin v. Vinyard at Ranch

Court of Appeals Fifth District of Texas at Dallas
Oct 7, 2019
No. 05-19-00992-CV (Tex. App. Oct. 7, 2019)
Case details for

McCuin v. Vinyard at Ranch

Case Details

Full title:KODI MCCUIN, Appellant v. VINYARD AT THE RANCH, Appellee

Court:Court of Appeals Fifth District of Texas at Dallas

Date published: Oct 7, 2019

Citations

No. 05-19-00992-CV (Tex. App. Oct. 7, 2019)

Citing Cases

Tonge v. State

See Reese v. Scott, No. 03-22-00647-CV, 2022 WL 17096685, at *1 (Tex. App.-Austin Nov. 22, 2022, no pet.)…