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Edmond v. Cloud Real Estate

Court of Appeals of Texas, Third District, Austin
Sep 29, 2021
No. 03-21-00106-CV (Tex. App. Sep. 29, 2021)

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.


Summaries of

Edmond v. Cloud Real Estate

Court of Appeals of Texas, Third District, Austin
Sep 29, 2021
No. 03-21-00106-CV (Tex. App. Sep. 29, 2021)
Case details for

Edmond v. Cloud Real Estate

Case Details

Full title:Andre Edmond, Appellant v. Cloud Real Estate, Appellee

Court:Court of Appeals of Texas, Third District, Austin

Date published: Sep 29, 2021

Citations

No. 03-21-00106-CV (Tex. App. Sep. 29, 2021)

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