Kodi McCuin v. Vinyard At The Ranch Appeal from Dummy Number of Dallas County (memorandum opinion)
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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 No. 05-19-00992-CV 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. V. VINYARD AT THE RANCH, Appellee 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–
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