Opinion
08-23-00341-CV
07-05-2024
YVONNE CARRASCO, Appellant, v. GARY MORSE, Appellee.
Appeal from the 109th District Court of Winkler County, Texas (TC# DC22-18211)
Before Alley, C.J., Palafox and Soto, JJ.
ORDER
Pursuant to Texas Rule of Appellate Procedure 10.4 (a) the motion ruled on through this Order may have been decided by a single Justice sitting on the panel.
This case is an appeal of a judgment of eviction. According to the briefing, the case began in the justice court and Appellant appealed that court's judgment to the district court. Our record does not contain any of the justice court pleadings or orders, which should have been forwarded to the county clerk when Appellant appealed the justice court judgment. Tex.R.Civ.P. 510.10 (a), (b). The briefs and record give different dates for the justice court decision. Appellant's appeal filed with the district clerk and her brief in this appeal state that the justice court rendered its decision on May 5, 2022. However, the appeal bond filed with the justice court and the motion for summary judgment state that the decision was rendered on May 25, 2022. The justice court order is necessary because our jurisdiction turns in part on whether Appellant timely appealed the justice court judgment. Tex.R.Civ.P. 510.9 ("A party may appeal a judgment in an eviction case by filing a bond.. .with the justice court within 5 days after the judgment is signed.").
The District Clerk is ORDERED to supplement the clerk's record with all pleadings and orders received from the justice court in this case. The supplemental clerk's record is due in this Court on or before July 15, 2024.
IT IS SO ORDERED.