Author Manning The II, and The Graphic Knights v. Nintendo Appeal from Justice Court Precinct 3 of Travis County (opinion)
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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-21-00263-CV Author Manning The II and The Graphic Knights, Appellants v. Sony and Sony Playstation, Appellees FROM THE JUSTICE COURT PRECINCT 3 OF TRAVIS COUNTY NO. J2-CV-21-001083 THE HONORABLE PAMELA SUSAN LANCASTER, JUDGE PRESIDING NO. 03-21-00264-CV Author Manning The II and The Graphic Knights, Appellants v. Nintendo, Appellee FROM THE JUSTICE COURT PRECINCT 3 OF TRAVIS COUNTY NO. J2-CV-21-001053 THE HONORABLE PAMELA SUSAN LANCASTER, JUDGE PRESIDING MEMORANDUM OPINION Appellant Author Manning The II has filed two notices of appeal1 complaining of dismissal orders signed by the Travis County Justice of the Peace, Precinct 2. Our jurisdiction, 1 Appellant’s notices of appeal each reference a specific justice-court cause number—in cause number 03-21-00263-CV, he referenced J2-CV-21-001083, and in cause number 03-21-00264-CV, referenced J2-CV-21-001053. However, he attached to the notices of appeal a total of twenty-six dismissals that are identical except for their justice-court cause numbers and the defendants’ names (nine name Nintendo and seventeen name Sony and Sony Playstation). however, is limited to appeals from judgments by the district or county courts in our district boundaries. See Tex. Gov’t Code Ann. § 22.220(a). An appeal from an order rendered by a justice court generally must be brought in the county court. Tex. Civ. Prac. & Rem. Code § 51.001(a) (appeal from final judgment by justice court is to county or district court); Molina v. Molina, No. 03-19-00101-CV, 2019 WL 2127893, at *1 (Tex. App.—Austin May 16, 2019, no pet.) (mem. op.); Whisenhunt v. Hill, No. 02-12-00310-CV, 2012 WL 3733868, at *1 (Tex. App.—Fort Worth Aug. 30, 2012, no pet.) (mem. op.). We asked appellant how we might exercise jurisdiction over these appeals. He responded with a “Motion to Appeal,” in which he states that he “would like to Appeal the dismissal concerning motion to Dismiss because of jurisdictions,” that “[t]he Defendant does operate in Travis County,” that “[b]y State Jurisdictions Rules a business can be sued by any county district theu operate a business in,” and that “[t]he Defendant operates business in Travis County.” This response, however, does not explain how this Court might exercise jurisdiction over appellant’s attempted appeals from the justice court’s orders. We therefore dismiss both appeals for want of jurisdiction. See Tex. R. App. P. 42.3(a). __________________________________________ Darlene Byrne, Chief Justice Before Chief Justice Byrne, Justices Triana and Kelly Dismissed for Want of Jurisdiction Filed: July 9, 2021 2
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