Yogurt Culture Inc. and All Occupants v. Houston House Appeal from Co Civil Ct at Law No 4 of Harris County (memorandum opinion per curiam)
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Opinion issued August 30, 2018 In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00658-CV ——————————— YOGURT CULTURE INC. AND ALL OCCUPANTS, Appellants V. HOUSTON HOUSE LIMITED PARTNERSHIP, Appellee On Appeal from the County Civil Court at Law No. 4 Harris County, Texas Trial Court Case No. 1110605 MEMORANDUM OPINION Appellants attempt to appeal a final judgment of the county court awarding possession of premises in an eviction action. Section 24.007 of the Texas Property Code provides that “A final judgment of a county court in an eviction suit may not be appealed on the issue of possession unless the premises in question are being used for residential purposes only.” TEX. PROP. CODE § 24.007. Because the premises at issue in the county court’s judgment were used for commercial purposes, we lack jurisdiction over an appeal as it relates to the issue of possession. The Clerk of this Court notified appellants that this Court might dismiss this appeal for want of jurisdiction unless appellants timely filed a response demonstrating this Court’s jurisdiction over the appeal. See TEX. R. APP. P. 42.3(a), 43.2(f). Appellants failed to file an adequate response. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(a), 43.2(f). We dismiss any pending motions as moot. PER CURIAM Panel consists of Justices Keyes, Bland, and Lloyd. 2
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