Opinion
03-21-00106-CV
09-29-2021
Andre Edmond, Appellant v. Cloud Real Estate, Appellee
FROM THE COUNTY COURT AT LAW NO. 1 OF BELL COUNTY NO. 91051, THE HONORABLE JEANNE PARKER, JUDGE PRESIDING
Before Justices Goodwin, Baker, and Smith
MEMORANDUM OPINION
Edward Smith, Justice
This is an attempted appeal from a forcible-detainer action. Pursuant to Section 24.007 of the Property Code and Marshall v. Housing Authority, 198 S.W.3d 782 (Tex. 2006), a court of appeals only maintains jurisdiction over a forcible-detainer challenge if the tenant timely files a supersedeas bond (or timely files an affidavit of inability to pay that bond) and remains in actual possession of the property. Upon review of the record, the Court was unable to determine, based on its review of the record, whether it can exercise jurisdiction over this appeal. Accordingly, on August 20, 2021, the Court asked Appellant to respond and explain how this Court may exercise jurisdiction over the cause. In addition, we cautioned that failure to timely respond might result in dismissal of this appeal. Appellant's response was due August 30, 2021. To date, Appellant has not filed a response. We therefore dismiss the appeal for want of jurisdiction. See Tex.R.App.P. 42.3(c) (allowing dismissal for failure to comply with any notice requesting a response); Ugarte v. Eureka Holdings Acquisitions, LP, No. 03-20-00083-CV, 2021 WL 2064902, at *1 (Tex. App.-Austin May 21, 2021, no pet.) (mem. op.) (dismissing forcible-detainer appeal where appellant failed to respond to notice requesting clarification of basis of jurisdiction).
Dismissed for Want of Jurisdiction.