Blanca Cantu v. William HunterAppeal from County Court at Law No. 4 of Dallas County (memorandum opinion )
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DISMISS and Opinion Filed January 10, 2014. S In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01217-CV BLANCA CANTU, Appellant V. WILLIAM HUNTER, Appellee On Appeal from the County Court at Law No. 4 Dallas County, Texas Trial Court Cause No. CC-13-04588-D MEMORANDUM OPINION Before Justices Moseley, Bridges, and Evans Opinion by Justice Moseley In a letter dated November 27, 2013, the Court questioned its jurisdiction over this appeal. Specifically, it appeared the trial court s judgment did not injure appellant. We instructed appellant to file a letter brief addressing our concern. As of today s date, appellant has not filed a response. Generally, an appeal may be brought only by parties who have been injured by the trial court s judgment. See Jack Jones Hearing Ctrs., Inc. v. State Comm. of Exam rs in Fitting and Dispensing of Hearing Instruments, 363 S.W.3d 911, 914 (Tex. App. Austin 2012, no pet.). An appellant does not have standing and this Court does not have jurisdiction over an appeal of a judgment that does not injure an appellant. See TexasAss n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 443 (Tex.1993) (standing is implicit in the concept of subject matter jurisdiction which is essential to a court s authority to decide a case). In this case, appellant was the defendant in the trial court. The trial court signed a judgment that the plaintiff/appellee take nothing and awarded the property and costs to appellant. Thus, the judgment appealed did not injure appellant. Accordingly, we dismiss this appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a). /Jim Moseley/ JIM MOSELEY JUSTICE 131217F.P05 2 S Court of Appeals Fifth District of Texas at Dallas JUDGMENT BLANCA CANTU, Appellant No. 05-13-01217-CV On Appeal from the County Court at Law No. 4, Dallas County, Texas. Trial Court Cause No. CC-13-04588-D. Opinion delivered by Justice Moseley. Justices Bridges and Evans, participating. V. WILLIAM HUNTER, Appellee In accordance with this Court s opinion of this date, the appeal is DISMISSED. It is ORDERED that appellee, WILLIAM HUNTER, recover his costs of this appeal from appellant, BLANCA CANTU. Judgment entered this 10th day of January, 2014. /Jim Moseley/ JIM MOSELEY JUSTICE 3
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