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Doe v. HPA Tex. Sub 2017-1-ML, LLC

Court of Appeals of Texas, Second District, Fort Worth
May 25, 2023
No. 02-23-00092-CV (Tex. App. May. 25, 2023)

Opinion

02-23-00092-CV

05-25-2023

Jane Doe, Appellant v. HPA Texas Sub 2017-1-ML, LLC, Appellee


On Appeal from County Court at Law No. 2 Tarrant County, Texas Trial Court No. 2023-001870-2

Before Birdwell, Bassel, and Womack, JJ.

MEMORANDUM OPINION

Per Curiam

Appellant Jane Doe attempts to appeal from an order sustaining a contest to her affidavit of inability to pay for an appeal and declaring that she was able to pay court costs and an appeal bond in her eviction case. See Tex.R.Civ.P. 510.9.

"As a general rule, appeals may be taken only from final judgments." Sabre Travel Int'l, Ltd. v. Deutsche Lufthansa AG, 567 S.W.3d 725, 730 (Tex. 2019). "Unless a statute authorizes an interlocutory appeal, appellate courts generally only have jurisdiction over final judgments." CMH Homes v. Perez, 340 S.W.3d 444, 447 (Tex. 2011).

After Appellant filed her notice of appeal, we sent her a letter expressing our concern that we may not have jurisdiction over the appeal because the order does not appear to be a final judgment or an appealable interlocutory order, see Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a); Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001), and because the Rules of Civil Procedure applicable to eviction suits do not otherwise provide a mechanism for appeal of such an order. See Tex.R.Civ.P. 500.3(e), 510.9; Ferguson v. Self, No. 02-21-00279-CV, 2021 WL 4783163, at *1 (Tex. App.-Fort Worth Oct. 14, 2021, no pet.) (per curiam) (mem. op.). We warned Appellant that unless she or any party desiring to continue the appeal filed a response showing grounds for continuing the appeal, the appeal could be dismissed for want of jurisdiction. See Tex.R.App.P. 44.3. Appellant filed a response, but it does not state adequate grounds for continuing the appeal.

For example, Appellant argued that there had been "bias per the judge" and that "[t]his appeal is valid and needs to be done because now they are now not telling the truth."

We therefore dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(a), 43.2(f).


Summaries of

Doe v. HPA Tex. Sub 2017-1-ML, LLC

Court of Appeals of Texas, Second District, Fort Worth
May 25, 2023
No. 02-23-00092-CV (Tex. App. May. 25, 2023)
Case details for

Doe v. HPA Tex. Sub 2017-1-ML, LLC

Case Details

Full title:Jane Doe, Appellant v. HPA Texas Sub 2017-1-ML, LLC, Appellee

Court:Court of Appeals of Texas, Second District, Fort Worth

Date published: May 25, 2023

Citations

No. 02-23-00092-CV (Tex. App. May. 25, 2023)