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Hutchings v. Pbone Pradera, LLC

Court of Appeals of Texas, Fifth District, Dallas
Nov 16, 2021
No. 05-21-00804-CV (Tex. App. Nov. 16, 2021)

Opinion

05-21-00804-CV

11-16-2021

ANITA HUTCHINGS AND HAYLEY HUTCHINGS, Appellants v. PBONE PRADERA, L.L.C., Appellee


On Appeal from the Justice Court Precinct 3 Collin County, Texas Trial Court Cause No. 03-EV-21-00530

Before Chief Justice Burns, Justice Molberg, and Justice Smith

MEMORANDUM OPINION

ROBERT D. BURNS, III CHIEF JUSTICE

Appellants appeal from a judgment of a justice court. Because it appeared the judgment is not reviewable by this Court, we instructed appellants to file a letter brief explaining how we have jurisdiction over this appeal with an opportunity for appellee to respond.

A justice court judgment cannot be appealed directly to a court of appeals. See TEX. GOV'T CODE ANN. § 22.220(A); Tejas Elevator Co. v. Concord Elevator, Inc., 982 S.W.2d 578, 579 (Tex. App.-Dallas 1998, no pet.) (mem. op.).

In their letter brief, appellants assert we have jurisdiction (1) "[a]s of right by virtue of an entitlement which arises from certain legal conditions or circumstances", (2) because the judgment amount of $17,428 exceeds the amount in controversy of $10,000 for justice courts, and (3) "statutory disqualification of Collin County Court at Law Judge Chris Hill." Section 22.220(a) of the Texas Government Code defines the jurisdiction of courts of appeals. None of appellants' assertions support jurisdiction in this Court of a judgment from a justice court. Accordingly, we dismiss the appeal for want of jurisdiction. See TEX. R. APP. P. 42.3(A).

Appellants are mistaken. The amount in controversy for a justice court is $20,000, exclusive of interest. See TEX. GOV'T Code ANN. § 27.031(a)(1).

JUDGMENT

In accordance with this Court's opinion of this date, the appeal is DISMISSED.


Summaries of

Hutchings v. Pbone Pradera, LLC

Court of Appeals of Texas, Fifth District, Dallas
Nov 16, 2021
No. 05-21-00804-CV (Tex. App. Nov. 16, 2021)
Case details for

Hutchings v. Pbone Pradera, LLC

Case Details

Full title:ANITA HUTCHINGS AND HAYLEY HUTCHINGS, Appellants v. PBONE PRADERA, L.L.C.…

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Nov 16, 2021

Citations

No. 05-21-00804-CV (Tex. App. Nov. 16, 2021)