Byron Hutchings, Anita Hutchings, Hayley Hutchings, and Hunter Hutchings v. Melrose Acquisition, L.L.C., a subsidiary of Maxus Properties, L.L.C. Appeal from Dummy Number of Dallas County (memorandum opinion)
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DISMISS and Opinion Filed December 13, 2021 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-21-00857-CV BYRON HUTCHINGS, ANITA HUTCHINGS, HAYLEY HUTCHINGS, AND HUNTER HUTCHINGS, Appellants V. MELROSE ACQUISITION, L.L.C., A SUBSIDIARY OF MAXUS PROPERTIES, L.L.C., Appellee On Appeal from Justice Court Precinct Three, Place Two Dallas County, Texas Justice Court Cause No. JE19-04654N MEMORANDUM OPINION Before Justices Schenck, Osborne, and Partida-Kipness Opinion by Justice Partida-Kipness This appeal, filed October 1, 2021, complains of the justice court’s October 30, 2019 order of eviction and purported failure to notify the county court of appellants’ November 2019 appeal from that order. Because civil appeals to a court of appeals may generally only be taken from a district or county court’s final judgment in which the amount in controversy exceeds $250, see TEX. CIV. PRAC. & REM. CODE § 51.012, we questioned our jurisdiction over this appeal. In response to our request for jurisdictional briefing, appellants filed three letter briefs, asserting, in relevant part, that the amount-in-controversy exceeds $100,000.1 The amount-in-controversy threshold, however, is not the only prerequisite; a final judgment from a district or county court is also required. See TEX. CIV. PRAC. & REM. CODE § 51.012. Because the appeal complains of the justice court, we lack jurisdiction. See id. Accordingly, we dismiss the appeal. See TEX. R. APP. P. 42.3(a). /Robbie Partida-Kipness/ ROBBIE PARTIDA-KIPNESS JUSTICE 210857F.P05 1 Appellants also assert they timely filed their appeal to the county court and ask that we compel the justice of the peace and justice court clerk to file the clerk’s and reporter’s records. –2– S Court of Appeals Fifth District of Texas at Dallas JUDGMENT On Appeal from Justice Court Precinct Three, Place Two, Dallas County, Texas Trial Court Cause No. JE19-04654N. Opinion delivered by Justice PartidaKipness, Justices Schenck and Osborne participating. BYRON HUTCHINGS, ANITA HUTCHINGS, HAYLEY HUTCHINGS, AND HUNTER HUTCHINGS, Appellants No. 05-21-00857-CV V. MELROSE ACQUISITION, L.L.C., A SUBSIDIARY OF MAXUS PROPERTIES, L.L.C., Appellee In accordance with this Court’s opinion of this date, we DISMISS the appeal. Judgment entered December 13, 2021. –3–
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