Opinion
No. 05-11-01689-CV
01-17-2012
MICHAEL COSTA, TEXAS BEARANDBULL, LLC, AND RAINMAKER RESTAURANT GROUP, LLC, Appellants v. 10820 N. DALLAS PARKWAY PARTNERS, LTD., Appellee
DISMISS; Opinion issued January 17, 2012
On Appeal from the County Court at Law No. 2
Collin County, Texas
Trial Court Cause No. 002-02543-2011
MEMORANDUM OPINION
Before Chief Justice Wright and Justices Francis and Lang-Miers
Before the Court is appellee's December 20, 2011 motion to dismiss appeal for lack of jurisdiction. Appellants have not filed a response to the motion.
In the trial court, appellee sought to evict appellants from a certain property. After the trial court granted summary judgment in favor of appellee, appellee dismissed its remaining claims. The trial court's judgment of possession became final on December 14, 2011. Appellants filed a notice of appeal on December 17, 2011.
Under the property code effective as of the date of this appeal, “[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 Ann. § 24.007(a) (West Supp. 2011). Appellee states that the property at issue in this case is a commercial property, and appellants have not disputed that contention. Nor does the record before us provide any factual basis from which we can conclude appellants used the property for residential purposes only.
Effective January 1, 2012, this sentence has been removed from the property code. However, the amended version of this section applies only to appeals from final judgments rendered on or after January 1, 2012. See Tex. Prop. Code Ann. § 24.007 cmt. (West Supp. 2011).
Because the appeal is from a judgment of possession of a commercial property, we have no jurisdiction over this appeal. Johnson v. Managed Morg. Investment Fund, LP, No. 05-09-01080- CV, 2010 WL 2891733, at *1 (Tex. App.-Dallas July 26, 2010, pet. dism'd). Accordingly, we grant the motion and dismiss the appeal. See Tex. R. App. P. 42.3(a).
PER CURIAM
111689F.P05