Kodi McCuin v. Vinyard at the Ranch

DISMISS and Opinion Filed October 7, 2019

S In The Court of Appeals Fifth District of Texas at Dallas No. 05-19-00992-CV

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

–2–

S Court of Appeals Fifth District of Texas at Dallas JUDGMENT

KODI MCCUIN, Appellant On Appeal from the Justice Court, Dallas County, Texas No. 05-19-00992-CV V. Trial Court Cause No. JE-1903335. Opinion delivered by Justice Bridges. VINYARD AT THE RANCH, Appellee 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

–3–